Montes-Diaz

MEMORANDUM **

Defendant-Appellant Esteban MontesDiaz (“Appellant”) appeals his conviction and sentence for assault with a dangerous weapon within the territorial jurisdiction of the United States in violation of 18 U.S.C. § 113 (a). The facts and procedural history are familiar to the parties, and we do not repeat them here.

Appellant challenges his conviction on the grounds that the district court ran afoul of Federal Rule of Evidence 403 in admitting evidence of an inmate code of silence to show witness bias and help explain why the government failed to call certain witnesses. We review evidentiary rulings for an abuse of discretion. United States v. Parks, 285 F.3d 1133, 1138 (9th Cir.2002); see also United States v. Joetzki 952 F.2d 1090, 1094 (9th Cir.1991) (“The district court has wide latitude in determining the admissibility of evidence under Rule 403, and its decision is accorded considerable deference.” (internal citations and quotation marks omitted)). Applying that standard, we hold that the district court did not abuse its discretion in admitting the challenged inmate code of silence evidence. See United States v. Abel, 469 U.S. 45, 52-55 , 105 S.Ct. 465 , 83…