Soltero-Olivas
United States v. Soltero-Olivas
Opinion
Lead Opinion
*478 MEMORANDUM **
Defendant-Appellant Mario Alberto Soltero-Olivas was convicted of importation of marijuana under 21 U.S.C. §§ 952 and 960, and of possession of marijuana with intent to distribute under 21 U.S.C. § 841 (a)(1). We affirm.
I.
Soltero-Olivas contends that the district court abused its discretion under Federal Rule of Evidence 901(a) by allowing the government to use an unauthenticated vehicle registration document to establish his identity as the driver of the vehicle that contained the drugs. We disagree. Rule 901(a) “requires that the government make only a prima facie showing of authenticity so that a reasonable juror could find in favor of authenticity or identification.” United States v. Chu Kong Yin, 935 F.2d 990, 996 (9th Cir.1991) (citation and internal quotation marks omitted). Reasonable jurors could find from the testimony of Officer Jaime Paredes that the registration provides authentic identification of Soltero-Olivas.
II.
Soltero-Olivas argues that the district court abused its discretion under Federal Rules of Evidence 401, 402, and 403 by permitting the government to use, as a confession of guilt, a transcript of a telephone conversation that…