Chico

United States v. Chico

Good Law
343 F. App'x 199
United States Court of Appeals for the Ninth CircuitAugust 18, 2009No. 08-50357California701 words

Opinion

Lead Opinion

MEMORANDUM *

Maria Cecilia Sy Chico appeals her conviction and sentence for two counts of subscribing to false tax returns, contending that she was deprived of the opportunity for fair consideration of her defense by the jury. Chico also contends the district court committed plain error by imposing a sentence without stating any reasons, contrary to the requirements of 18 U.S.C. § 3553 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm in part, vacate in part, and remand for resentencing.

The district court did not abuse its discretion in denying Chico’s motion to allow jurors to take notes. See United States v. Baker, 10 F.3d 1374, 1403 (9th Cir.1993) (a district court does not abuse its discretion in denying juror note taking when it is concerned that allowing jurors to take notes would distract them from paying attention to the evidence).

While the district court may have abused its discretion in limiting cross-examination, it was not an error that merits reversal because it was not prejudicial to Chico. See, e.g., Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004).

Further, the district court did not abuse its…

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