James

United States v. James

Good Law
344 F. App'x 382
United States Court of Appeals for the Ninth CircuitSeptember 2, 2009No. 08-50333California789 words

Opinion

Lead Opinion

MEMORANDUM *

Jereme Lee James appeals his conviction for knowingly concealing unlawfully imported Fiji Island Banded Iguanas (“Fiji Iguanas” or “iguanas”) in violation of 18 U.S.C. § 545 , and for knowingly possessing Fiji iguanas traded contrary to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”), Mar. 3,1973, 27 U.S.T. 1087, in violation of 16 U.S.C. §§ 1538 (c)(1) and 1540(b)(1). We have jurisdiction pursuant *384 to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

James appeals three evidentiary rulings by the district court. We review the district court’s exclusion of James’s alleged “prior consistent statements” for abuse of discretion, Arizona v. Johnson, 351 F.3d 988, 998 (9th Cir.2003), and we affirm. The first proffered statement— which James made to a confidential informant after the United States Fish and Wildlife Service (“FWS”) seized iguanas from James’s home — was properly excluded because it was made after a “motive to fabricate” arose. See United States v. Washington, 462 F.3d 1124, 1135 (9th Cir.2006) (quoting Tome v. United States, 513 U.S. 150, 158 , 115 S.Ct. 696 , 130 L.Ed.2d 574 (1995)). The other…

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