Perez-Jimenez

MEMORANDUM *

Defendant-appellant Odalis Perez-Jimenez appeals his conviction of three crimes of assault committed in federal prison. As the parties are familiar with the facts of the case, we recount them only as necessary to support the court’s decisions. Perez-Jimenez contends that (1) the government violated his due process rights by failing to preserve certain evidence, (2) the district court abused its discretion and violated his rights under the Confrontation Clause by excluding evidence of certain of the victim’s prior convictions and prior bad acts, and (3) the district court committed both plain and constitutional error by admitting evidence on available alternatives to the use of force. We have jurisdiction under 28 U.S.C. § 1291 and we affirm the district court in all respects.

FAILURE TO PRESERVE EVIDENCE

The government did not violate Perez-Jimenez’s due process rights by fail *646 ing to preserve the particular broom involved in the assault or the “unit roster” of inmates present in the section of the prison where the assault occurred on the day of the attack. Because the unpreserved evidence was only — at best — potentially exculpatory, Perez-Jimenez was required…