Ryncarz

United States v. Ryncarz

Good Law
63 F. App'x 306
United States Court of Appeals for the Ninth CircuitApril 10, 2003No. 02-30093California609 words

Opinion

Lead Opinion

MEMORANDUM ***

Joseph Ryncarz appeals his conviction and 262-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) with an armed career criminal enhancement pursuant to 18 U.S.C. § 924 (e)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

We review a district court’s decision to admit evidence for an abuse of discretion. United States v. Leon-Reyes, 177 F.3d 816, 819 (9th Cir.1999); see also United States v. Williams, 291 F.3d 1180, 1189 (9th Cir.2002) (discussing Federal Rule of Evidence 404(b)).

Threatening a witness to intimidate her shows consciousness of guilt and is therefore relevant. Ortiz-Sandoval v. Gomez, 81 F.3d 891, 897 (9th Cir.1996); United States v. Meling, 47 F.3d 1546, 1557 (9th Cir.1995). This type of evidence is “second only to a confession in terms of probative value.” Meling, 47 F.3d at 1557 . Moreover, “evidence of ... attempts to induce witnesses to lie is indicative of consciousness of guilt and may be placed before the jury.” United States v. Collins, 90 F.3d 1420, 1428 (9th Cir.1996).

The district court did not abuse its discretion in admitting the letters that…

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