Nava-Anaya

United States v. Nava-Anaya

Good Law
220 F. App'x 647
United States Court of Appeals for the Ninth CircuitFebruary 13, 2007No. 05-30534California606 words

Opinion

Lead Opinion

MEMORANDUM *

Fernando Nava-Anaya appeals his conviction and sentence arising from drug distribution and conspiracy charges. The parties are familiar with the facts of the case, and we do not recite them in detail in this disposition.

We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

Nava-Anaya argues that the district court violated his Sixth Amendment confrontation rights by excluding cross-examination into a witness’ juvenile theft and burglary adjudications. We review de novo whether a district court’s limitations on cross-examination “are so severe as to amount to a violation of the confrontation clause.” United States v. Vargas, 933 F.2d 701, 704 (9th Cir.1991).

The jury in this case was presented with ample evidence, even without the juvenile offenses, to make a “discriminating appraisal” of the witness’ credibility and bias. Bright v. Shimoda, 819 F.2d 227, 228 (9th Cir.1987). In contrast to Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974), the excluded juvenile offenses were not the primary means by which the witness’ credibility could have been impeached.

The district court’s limitations on cross-examination regarding the witness’…

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