Halwood

MEMORANDUM **

Defendant-Appellant Mervie Halwood appeals from his conviction for assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113 (a)(6), 1153, arising out of an assault on the Navajo Indian Reservation in Del Muerto, Arizona. The defendant challenges the district court’s decision to give a flight instruction to the jury, and the district court’s refusal to declare a mistrial due to an improper question asked by the prosecutor on re-direct examination of a government witness. In addition, the defendant alleges that law enforcement’s failure to record his statements violates due process. We affirm the decisions of the district court.

To support a flight instruction the evidence must support four different inferences: “ ‘(1) from the defendant’s behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt, to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged, to actual guilt of the crime charged.’ ” United States v. Silverman, 861 F.2d 571, 581 (9th Cir.1988) (quoting United States v. Myers, 550 F.2d 1036, 1049 (9th Cir.1977)). Here, one of the group who…