Lopez-Figueroa

MEMORANDUM ***

Defendant-Appellant, Abelardo Lopez-Figueroa, appeals from a judgment of conviction entered in the District Court on October 1, 2007 for Attempted Reentry After Deportation, in violation of 8 U.S.C. § 1326 . Lopez-Figueroa argues that the district court abused its discretion and violated Lopez-Figueroa’s Fifth Amendment right against self-incrimination by admitting into evidence a redacted version of his statement to a Customs and Border Protection Officer and by denying his request pursuant to Rule 106 of the Federal Rules of Evidence — i.e., the “rule of completeness,” see Fed.R.Evid. 106, advisory committee notes (“The rule is an expression of the rule of completeness.”) — to admit the entire statement, including the parts that were redacted.

Lopez-Figueroa claims that the redacted parts of his statement were exculpatory and necessary to explain the admitted portions. We review a district court’s decision whether to admit evidence in light of Rule 106 for abuse of discretion. United States v. Collicott, 92 F.3d 973, 983 (9th Cir.1996). When a confession is introduced at trial, “[t]he rule of completeness is violated ... only where admission of the statement in…