Wolling

MEMORANDUM *

Randy Wolling appeals his judgment of conviction, following a jury trial, and his 51-month sentence for two counts of alien smuggling for financial gain, in violation of 8 U.S.C. §§ 2 and 1324(a)(2)(B)(ii), and two counts of bringing an alien into the United States without presentation, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

The parties are familiar with the background facts and prior proceedings.

A. District Court’s Evidentiary Rulings

We review evidentiary rulings for an abuse of discretion, United States v. Beckman, 298 F.3d 788, 792 (9th Cir.2002), but only prejudicial error will justify reversal, United States v. Ives, 609 F.2d 930, 934 (9th Cir.1979).

1. Medical Records

Wolling presented a defense of diminished capacity, utilizing expert witness testimony from Dr. Bruce Yanofsky. Wolling contends that the district court erred in excluding certain medical records from the evidence. The medical records at issue are the records of Dr. Gordon Zilberman, the psychologist who evaluated Wolling’s competency to stand trial in the present case when Wolling was incarcerated at San Diego’s…