Beng-Salazar

United States v. Beng-Salazar

Good Law
183 F. App'x 697
United States Court of Appeals for the Ninth CircuitJuly 6, 2006No. 04-50518California280 words

Opinion

Lead Opinion

MEMORANDUM *

Jesus Adrian Beng-Salazar (“Beng”) appeals his conviction and sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326 . In a separate opinion, we vacate Beng’s sentence and remand to the district court for resentencing. In this memorandum, we consider Beng’s arguments that his conviction should be reversed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, Beng contends that the district court abused its discretion by permitting the Government to introduce evidence of the 2001 reinstatement of his 1996 removal order. See Old Chief v. United States, 519 U.S. 172 , 117 S.Ct. 644 , 136 L.Ed.2d 574 (1997). Second, Beng claims that the district court abused its discretion by overruling his objections to the Government’s elicitation of prior bad acts evidence, without notice, on cross-examination. See Fed. R.Evid. 404(b).

We need not decide whether the district court erred on either count, because even assuming cumulative error, the errors were harmless. See United States v. Beckman, 298 F.3d 788, 793 (9th Cir.2002) (“[Hjarmless error analysis applies to the improper admission of evidence, and reversal is proper only if…

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