Doherty

MEMORANDUM *

Rex Doherty appeals his convictions on six counts of making false statements to a bank under 18 U.S.C. § 1014 and six counts of bank fraud under 18 U.S.C. § 1344 . On appeal, Doherty argues that the district court abused its discretion when it limited the scope of cross-examination and excluded certain evidence. Doherty contends that exclusion of the evidence violated his constitutional right to present a defense. Doherty also argues that the district court erred when it rejected his proposed modification to the jury instructions, which he maintains reflected his theory of the defense and would have prevented a constructive amendment of the indictment.

We affirm the district court.

I

We review the district court’s admission or exclusion of evidence for an abuse of discretion. See United States v. Williams, 291 F.3d 1180, 1189 (9th Cir.2002). We review limitations on the scope of cross examination for an abuse of discretion. United States v. Whitworth, 856 F.2d 1268, 1283 (9th Cir.1988). “We cannot merely substitute our judgment for that of the district court to reverse under this standard, but must have a definite and firm conviction that the court committed a…