Garcia

MEMORANDUM *

Viewed in a light most favorable to the prosecution, the evidence in this case was clearly sufficient to permit a rational trier of fact to reject Garcia’s self-defense theory and find Garcia guilty of assault with a dangerous weapon under 18 U.S.C. § 113 (a)(3). United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir.2004); see also United States v. Goode, 814 F.2d 1353, 1355 (9th Cir.1987).

The district court properly denied Garcia’s motion for a mistrial, because Garcia failed to demonstrate that Kobel’s passing reference to the fact of Garcia’s incarceration in this context was prejudicial. See Wilson v. McCarthy, 770 F.2d 1482, 1484 (9th Cir.1985); see also United States v. Guerrero, 756 F.2d 1342, 1347 (9th Cir.1984).

*642 The district court also properly refused to admit cumulative photographic evidence of Garcia’s post-surgical scars and properly refused to allow Garcia to lift his shirt to exhibit the same. Garcia’s argument that this exclusion “reaches constitutional proportions” is meritless. The scars and photographs were “merely cumulative,” and were tangential at best to Garcia’s claim of self defense inasmuch as there was no dispute that Garcia…