Camacho
Northern Mariana Islands v. Camacho
Opinion
Lead Opinion
*709 MEMORANDUM *
Jesse James Babauta Camacho appeals his conviction following a jury trial for first degree murder in the Commonwealth of the Northern Mariana Islands (CNMI). We have jurisdiction pursuant to 48 U.S.C. § 1824 to review all rulings by the CNMI Supreme Court in this case except for those that turn on its interpretation of 6 CMC §§ 201, 251(d), and 5103. We affirm in part and dismiss in part.
I
Camacho contends that he was convicted on the basis of guilt by association because of gang-related evidence. However, the trial court did not abuse its discretion in admitting REDRUM evidence because it explained the context in which Camacho told Ian to kill Antonio and why Ian did as he was told. This was relevant to Ian’s credibility and to Camacho’s complicity in Antonio’s murder, both material issues at trial. United States v. Takahash, 205 F.3d 1161, 1164 (9th Cir.2000); United States v. Santiago, 46 F.3d 885, 889 (9th Cir.1995). Although a number of references were made to the gang, neither the evidence nor argument smacked of guilt by association. See Mitchell v. Prunty, 107 F.3d 1337, 1342 (9th Cir.1997) (overruled on other grounds by Santamaria v. Horsley, 133…