Muhammad

MEMORANDUM *

Ruth Muhammad appeals her conviction for bank robbery under 18 U.S.C. § 2113 (a). Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

Muhammad first argues that the district court denied her constitutional right to present a defense by excluding the 911 tape under Federal Rules of Evidence 801 and 403. We review a district court’s decision to exclude evidence under Rules 801 and 403 for an abuse of discretion. United States v. Adamson, 291 F.3d 606, 612 (9th Cir.2002). Assuming that the district court erred in concluding that the 911 tape was hearsay under Rule 801 because Muhammad did not offer it to prove the truth of the matter asserted, the error was harmless because the district court’s second reason for excluding the tape-because it was confusing and cumulative under Rule 403-was not an abuse of discretion. Muhammad was not denied her right to present a defense by the district court’s application of Rule 403. Greene v. Lambert, 288 F.3d 1081, 1090 (9th Cir.2002); see also United States v. Spencer, 1 F.3d 742 , 745 n. 2 (9th Cir.1992).

Next, Muhammad argues that the district court improperly…