Rhett
United States v. Rhett
Opinion
Lead Opinion
MEMORANDUM **
Stephen Francis Rhett appeals his con *160 victions for importation of marijuana, 1 possession of marijuana with intent to distribute, 2 and for aiding and abetting. 3 We affirm.
(1) The district court did not abuse its discretion 4 when it admitted evidence that Rhett defecated in his pants at the point when border patrol officers were discovering the illegally imported marijuana in the trailer he was pulling. See United States v. Velarde-Gomez, 269 F.3d 1023, 1030-31 (9th Cir.2001) (en banc); see also United States v. Gonzalez-Flores, 418 F.3d 1093, 1098 (9th Cir.2005) (balancing under Fed.R.Evid. 403). Nor did the district court err when it determined that evidence of how the trailer behaved under tow when loaded with a half ton of marijuana was relevant, and admitted that evidence.
(2) While the government’s asking a witness if he believed Rhett’s story was improper, 5 there was no reversible error because the district court sustained an immediate objection, the question was not answered, 6 and the court gave a sufficient general instruction regarding counsels’ questions. 7 Denial of a mistrial was not an abuse of discretion. See United States v. Washington,…