Rivera-Martinez

United States v. Rivera-Martinez

Good Law
310 F. App'x 967
United States Court of Appeals for the Ninth CircuitFebruary 3, 2009No. 08-10134California635 words

Opinion

Lead Opinion

MEMORANDUM *

Rivera-Martinez appeals from his conviction of illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not commit plain error in denying Rivera-Martinez’s *969 untimely motion for mistrial because the admission of Agent Castellanos’ testimony did not affect Rivera-Martinez’s substantial rights or the fairness of the trial. See United States v. Recio, 371 F.3d 1093, 1099-100 (9th Cir.2004); United States v. Rivera, 43 F.3d 1291, 1295 (9th Cir.1995) (objection to testimony in a motion for mistrial untimely where there was no objection during testimony). Castellanos did not testify regarding details of Rivera-Martinez’s incarceration or crimes committed in connection with his incarceration, and did not clarify that the Yuma County Adult Detention Center is a criminal detention facility.

The district court did not abuse its discretion in admitting a sanitized judgment and commitment of Rivera-Martinez’s previous conviction of illegal reentry after deportation for the limited purpose of proving…

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