Borg

United States v. Borg

Good Law
275 F. App'x 690
United States Court of Appeals for the Ninth CircuitApril 28, 2008No. 07-10392California320 words

Opinion

Lead Opinion

MEMORANDUM *

Steven Borg appeals from his jury-trial conviction for possessing a firearm while a *691 fugitive from justice, in violation of 18 U.S.C. § 922 (g)(2). We affirm.

Borg contends that his Confrontation Clause rights were violated by the admission of a transcript of a bench warrant proceeding. This contention fails because this exhibit was cumulative of other properly admitted evidence, including the bench warrant itself; thus, any error was harmless. See United States v. Monaco, 735 F.2d 1173, 1178 (9th Cir.1984).

Borg’s evidentiary challenges to the admissibility of various trial exhibits and testimony under the Federal Rules of Evidence lack merit. Much of this evidence was properly admitted, and to the extent there was error, it was harmless. See United States v. Talley, 790 F.2d 1468, 1470 (9th Cir.1986); see also United States v. Gonzalez-Flores, 418 F.3d 1093, 1100 (9th Cir.2005).

In addition, the district court did not abuse its discretion in rejecting Borg’s proposed jury instructions concerning “active concealment” because those instructions were not legally supported. See United States v. Wazney, 529 F.2d 1287, 1289 (9th Cir.1976); see also United States…

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