Veloz

United States v. Veloz

Good Law
87 F. App'x 47
United States Court of Appeals for the Ninth CircuitJanuary 26, 2004No. 01-30274California343 words

Opinion

Lead Opinion

MEMORANDUM

Cristobal Veloz was convicted of one count of conspiracy to distribute cocaine and two counts of distribution of cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A) & 846 and 18 U.S.C. § 2 . He appeals the denial of his motion for entry of judgment of acquittal or, in the alternative a new trial, and his sentence. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 .

Veloz claims the government improperly vouched for the credibility of Yanez, an informant and key witness. There was no objection to the improper vouching by Detective Moore. The error neither was plain nor permeated the entire trial. United States v. Rudberg, 122 F.3d 1199, 1205, 1206 (9th Cir.1997).

Veloz also argues Yanez’s conduct “shocks the conscience” and warrants reversal of his conviction. See Rochin v. People of California, 342 U.S. 165 , 72 S.Ct. 205 , 96 L.Ed. 183 (1952). The district court properly found that Yanez’s statements were not so outrageous that they “shocked the conscience.”

Veloz next argues that the district court abused its discretion in denying his motion in limine to exclude the testimony of his drug customers who were coerced to testify by…

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