United States v. Cho-ing Tseng

MEMORANDUM *

Defendant Cho-Ing (Bruno) Tseng appeals his conviction for wire fraud in connection with his alleged kidnaping in Venezuela. We affirm.

1. The Confrontation Clause argument was not preserved, so we review for plain error. United States v. Jawara, 474 F.3d 565, 583 (9th Cir.2007). There was no plain error in allowing the minimal hearsay testimony from Agent Cordero, because the evidence was offered for a non-hearsay purpose and the court gave a limiting instruction.

2. We review for abuse of discretion the district court’s admission of lay opinion testimony. United States v. Matsumaru, 244 F.3d 1092, 1101 (9th Cir.2001). The questions to Agent Cordero did not ask for testimony about an ultimate issue of fact in the case, because the existence of a kidnaping is not an element of wire fraud and the agent was not asked to express a view regarding Defendant’s guilt or innocence. Therefore, the district court did not abuse its discretion in overruling the “lay opinion” objection. Even if there were error, any error was harmless beyond a reasonable doubt. United States v. Boulware, 384 F.3d 794, 808 (9th Cir.2004). Defendant confessed several times, including in his own…