Rhett

United States v. Rhett

Good Law
346 F. App'x 158
United States Court of Appeals for the Ninth CircuitSeptember 14, 2009No. 08-50319California565 words

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,…

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