Keller

United States v. Keller

Good Law
236 F. App'x 274
United States Court of Appeals for the Ninth CircuitMay 29, 2007No. 05-50681California507 words

Opinion

Lead Opinion

*276 MEMORANDUM *

Kevin Eugene Keller appeals his jury conviction on one count of conspiracy, in violation of 18 U.S.C. § 371 , and eight counts of aiding and abetting mail fraud, in violation of 18 U.S.C. §§ 2 ,1341. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The district court did not abuse its discretion, see United, States v. Castillo, 181 F.3d 1129, 1134 (9th Cir. 1999), when it admitted an exhibit containing computer screen shots of a document with the title “fuckyou.doc.” The exhibit was admissible as relevant nonhearsay for the purpose of establishing fraudulent intent on the part of Keller or his alleged co-conspirators with respect to their business’s purported enrollment fee refund policy. See United States v. Jaramillo-Suarez, 950 F.2d 1378, 1383 (9th Cir.1991) (noting that where the probative value of a document “was independent of the truth of its contents, the rule against hearsay was not implicated”). The probative value outweighed any prejudice. See Fed.R.Evid. 403. However, even if the district court erred in admitting the exhibit, any error was harmless. See United States v. Alvarez, 358 F.3d 1194, 1214 (9th Cir.2004) (reaffirming…

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