Giron-Soria

MEMORANDUM **

Giron-Soria appeals his jury conviction for bringing an alien into the United States without immediate inspection and for commercial advantage on four grounds: (1) improper introduction of evidence at trial; (2) impermissible vouching by the government and its witnesses; (3) error in denying a mistrial; and (4) insufficiency of evidence supporting the verdict. We AFFIRM.

First, the district court did not abuse its discretion in admitting the videotaped evidence since the videotape was not offered for the truth of the statements asserted therein, see Fed.R.Evid. 801(c), and the limiting instruction issued by the court minimized any risk of prejudice, see Fed.R.Evid. 403; United States v. Rogers, 321 F.3d 1226, 1229-30 (9th Cir.2003). Even if we considered the admission of the videotape to be error, such error would not have affected the outcome of the trial. Given that the officers’ statements on the videotape were not testimonial hearsay evidence, there are no Confrontation Clause concerns. See United States v. Hall, 419 F.3d 980, 985 (9th Cir.2005).

Second, the vouching claims fail because Giron-Soria did not show that the government either improperly put its own…