Hernandez

MEMORANDUM ***

A jury convicted Defendant Michael Edward Hernandez of conspiring to possess with the intent to distribute more than 100 kilograms of marijuana, and the district court sentenced Defendant to 60 months’ imprisonment plus a four-year term of supervised release. Defendant timely appealed, and we affirm.

1. Defendant first argues that the district court erred in excluding testimony that would have established that he was not “Queson,” an individual involved in the conspiracy. However, the identity of “Queson” was relevant only to a money laundering charge of which the jury acquitted Defendant. Consequently, any error was harmless. See United States v. Gonzalez-Flores, 418 F.3d 1093, 1099 (9th Cir.2005) (reviewing evidentiary error for whether “it is more probable than not that the error did not materially affect the verdict” (internal quotation marks omitted)).

2. Second, Defendant argues that District Court Judge Roslyn Silver erred when she recused herself before sentencing. We review for abuse of discretion, United States v. Silver, 245 F.3d 1075, 1078 (9th Cir.2001), and find none. Defendant contends that the government sought Judge Silver’s recusal as a form of…