Matsunaga

United States v. Matsunaga

Good Law
158 F. App'x 783
United States Court of Appeals for the Ninth CircuitDecember 8, 2005No. 03-10178California644 words

Opinion

Lead Opinion

MEMORANDUM *

Sean Matsunaga, who was convicted of several offenses stemming from his participation in a bank robbery, appeals his convictions and sentence. We conclude that Matsunaga is entitled to a limited remand under United, States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), but we affirm in all other respects.

Matsunaga’s venue arguments are without merit. His presumed prejudice claim fails because he did not introduce any evidence that he suffered “a barrage *785 of inflammatory publicity immediately pri- or to trial.” Randolph v. People of California, 380 F.3d 1133, 1142 (9th Cir.2004) (citation omitted). Nor can Matsunaga claim actual prejudice, because he has not identified anyone on the petit jury who exhibited any prejudice, and only a small “percentage of veniremen ... admitted] to a disqualifying prejudice.” Harris v. Pulley, 885 F.2d 1354, 1364 (9th Cir.1988) (quotation marks and citation omitted).

Matsunaga’s evidentiary challenges are also unavailing. The government expert’s use of a demonstrative aid was permissible, especially given that the district court gave a limiting instruction and Matsunaga’s counsel had an opportunity for cross-examination. See…

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