Castle

MEMORANDUM **

Jonathan Dewitt Castle appeals his conviction following a jury trial for possession of a machine gun and possession of an unregistered firearm, in violation of 18 U.S.C. § 922 (o) and 26 U.S.C. § 5861 (d), respectively. Specifically, Castle argues that the district court abused its discretion by precluding Castle’s proffered surrebut-tal testimony and that such exclusion violated his constitutional right to present a complete defense. We review a district court’s ruling on the admission or exclusion of surrebuttal evidence for an abuse of discretion. United States v. Blackstone, 56 F.3d 1143, 1145-46 (9th Cir.1995). We conclude that any error by the district court in denying the proffered surrebuttal was harmless. Accordingly, we affirm.

We have held that a district court does not abuse its discretion in prohibiting sur-rebuttal testimony where such testimony would be cumulative of prior testimony. See United States v. Butcher, 926 F.2d 811, 817 (9th Cir.1991); United States v. McCollum, 732 F.2d 1419, 1426 (9th Cir. 1984). Evidence is cumulative when it is “merely a repetition of previous testimony.” United States v. Clark, 617 F.2d 180, 187 (9th Cir.1980).

Here,…