Moore

United States v. Moore

Good Law
311 F. App'x 957
United States Court of Appeals for the Ninth CircuitFebruary 12, 2009No. 08-10112California864 words

Opinion

Lead Opinion

MEMORANDUM **

Andrew Moore appeals the district court’s determination that evidence contained within his Alien File (“A-File”) was admissible in proceedings against him. He additionally challenges the court’s finding that the evidence was sufficient to establish alienage. Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I. Admissibility of the Evidence

If a ruling on a motion in limine is not “explicit and definitive ... that the evidence is admissible, a party does not preserve the issue of admissibility for appeal absent a contemporaneous objection.” United States v. Archdale, 229 F.3d 861, 864-65 (9th Cir.2000). The district court judge’s ruling on Moore’s motion in limine was not “explicit and definitive” because the judge informed the parties he would determine the admissibility of each document within the A-file upon its introduction into evidence. Moore’s attorney was thereby on notice that he should object to any document he believed was inadmissible under the Federal Rules of Evidence. A timely objection ruled…

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