Granados
United States v. Granados
Opinion
Lead Opinion
MEMORANDUM **
Defendant Ernesto Granados appeals his conviction, after a jury trial, of various methamphetamine-related charges.
1. Defendant argues that the district court abused its discretion when it refused to allow co-defendant Alvarez to testify to *182 the exact number of years he would spend in prison for his involvement in the crimes and the exact number of years by which the court could increase his sentence if he lied under oath. Specifically, Defendant asserts that the court did not in fact compare the probative value of the proposed evidence against the risk of unfair prejudice, confusion of the issues, and other appropriate factors.
Assuming, without deciding, that the district court did not engage in the balancing required under Rule 403 of the Federal Rules of Evidence, an evidentiary error results in reversal only if the error more likely than not affected the verdict. United States v. Pang, 362 F.3d 1187, 1192 (9th Cir.), cert. denied, — U.S.-, 125 S.Ct. 372 , 160 L.Ed.2d 256 (2004). Here, that effect is absent. The evidence of Defendant’s guilt was extensive, and the district court did allow Alvarez to testify to the substance of the desired testimony.