United States v. Pancho Garcia

MEMORANDUM

Defendant-Appellant Pancho Garcia challenges his convictions in violation of 18 U.S.C. § 1153 (a) (offenses committed within Indian country) for two counts of Assault with a Dangerous Weapon with Intent to do Bodily Harm under 18 U.S.C. § 113 (a)(3) and one count of Use of a Firearm During and in Relation to a Crime of Violence under 18 U.S.C. § 924 (c)(1)(A)(iii). Garcia challenges the admission of law enforcement expert testimony, the sufficiency of the evidence, the denial of justification and mistake jury instructions, and the imposition of the § 924(c) sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

a. Expert Testimony

Garcia challenges the admission of law enforcement expert testimony as irrelevant. We review a district court’s decision to admit or exclude evidence for abuse of discretion. United States v. Edwards, 235 F.3d 1173, 1178 (9th Cir.2000); see also United States v. Redlightning, 624 F.3d 1090, 1110 (9th Cir.2010) (citing United States v. Hinkson, 585 F.3d 1247, 1261 (9th Cir.2009) (en banc)). We only find that a district court abused its discretion if, despite applying the correct legal rule, the district court’s…