Banuelos
United States v. Banuelos
Opinion
Lead Opinion
MEMORANDUM *
Enedino Banuelos, Jr. (“Banuelos”) appeals his conviction for the illegal possession and importation of marijuana into the United States under 21 U.S.C. §§ 952 and 960, and possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Banuelos argues that the district court’s exclusion of evidence denied him the opportunity to develop his defense of third-party culpability. Because the evidence was hearsay, and because Banuelos was able appropriately to present his third-party culpability defense at trial, we hold that the district court’s exclusion of such evidence was not an abuse of discretion. Moreover, each of Banuelos’s constitutional arguments is without merit. Accordingly, we affirm Banuelos’s conviction.
First, Banuelos contends that the district court abused its discretion in excluding evidence that may have provided proof of third-party culpability. We review the trial court’s decision to exclude evidence purporting to show third-party culpability for abuse of discretion. People of the Territory of Guam v. Ignacio, 10 F.3d 608, 611 (9th Cir.1993). Specifically, Banuelos asserts that the district court’s exclusion of a Complaint…