Darling

United States v. Darling

Good Law
238 F. App'x 258
United States Court of Appeals for the Ninth CircuitJune 27, 2007No. 05-10760California335 words

Opinion

Lead Opinion

MEMORANDUM *

Kerry D. Darling was convicted of possession of methamphetamine with intent to distribute and the manufacture of methamphetamine. Darling appeals the district court’s decision to exclude evidence of another individual’s arrest, charge, and conviction. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court excluded evidence that another individual was also arrested, charged with, and convicted of methamphetamine offenses arising out of the same underlying conduct for which Darling was convicted.

The district court has wide discretion in determining whether evidence is relevant, and evidentiary decisions are reviewed for an abuse of discretion. United States v. Alvarez, 358 F.3d 1194, 1205 (9th Cir.2004). Our review of the record convinces us that the district court did not abuse its discretion when it excluded the evidence as irrelevant.

Even if the excluded evidence were relevant, the district court did not abuse its discretion by reasonably concluding that such evidence would likely confuse or mislead the jury. See Fed.R.Evid. 403 (stating that relevant evidence “may be excluded if its probative value is substantially outweighed by the danger…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.