Dill

MEMORANDUM **

Elmo Dill was convicted after a jury trial for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He appeals the district court’s refusal to allow his expert on police procedures to testify at his trial. The district court excluded the expert testimony on two independent grounds: one, because it would have been addressed to an issue that was not a proper subject of expert testimony, and two, because the district court concluded that under Federal Rule of Evidence 403 the danger of confusion and wasted time substantially outweighed the probative value of the testimony. We affirm the district court’s decision based on Rule 403.

Rule 403 instructs the trial judge to balance the probative value of evidence against any danger it might present. “Whether there are other means of introducing evidence to support the point to which a witness would testify is a factor in assessing the probative value of that witness’s testimony.” United States v. Fleming, 215 F.3d 930, 939 (9th Cir.2000) (citing Trevino v. Gates, 99 F.3d 911, 922 (9th Cir.1996)). We review a district court’s decision to admit or exclude evidence under Rule 403 with considerable…