Zambrano
United States v. Zambrano
Opinion
Lead Opinion
MEMORANDUM *
Juventino Zambrano was convicted of importation of marijuana and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 , 952, and 960. He appeals, alleging prosecutorial misconduct. Zambrano also claims that the drug statutes under which he was convicted are unconstitutional. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
I.
The prosecutor was entitled to inquire into relevant specific acts of conduct during cross-examination to refute the witness’s testimony that Zambrano is honest and law-abiding. See Fed.R.Evid. 405(a). In any event, the district judge eventually struck the testimony elicited during cross-examination and gave the jury a curative instruction, which we must assume the *757 jury followed. United States v. Aichele, 941 F.2d 761, 765 (9th Cir.1991).
The prosecution’s presentation of negative character evidence through testimony of a rebuttal character witness was also proper. See Fed.R.Evid. 404(a)(1), 405(a). The district court did not abuse its discretion in finding the probative value of the rebuttal witness’s testimony outweighed any prejudicial effect. See Fed. R. Evid. 403.