United States v. Cesar Mascorro ( 2012 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                              FEB 02 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                        U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 10-50554
    Plaintiff - Appellee,              D.C. No. 3:10-cr-00410-JAH-1
    v.
    MEMORANDUM *
    CESAR MASCORRO,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Southern District of California
    John A. Houston, District Judge, Presiding
    Argued and Submitted January 10, 2012
    Pasadena, California
    Before:       KOZINSKI, Chief Judge, REINHARDT and W. FLETCHER,
    Circuit Judges.
    1. Mascorro’s own admission of his prior bad act provides sufficient proof
    under Huddleston v. United States, 
    485 U.S. 681
    , 690 (1988), for admission of the
    prior bad act into evidence. Admitting the evidence didn’t violate Federal Rule of
    Evidence 404(b) because the prior bad act indicated both Mascorro’s knowledge
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    page 2
    that his passengers were in the United States unlawfully and his purpose to help
    them remain. See United States v. Longoria, 
    624 F.2d 66
    , 69 (9th Cir. 1980). The
    district court didn’t abuse its discretion in finding that the prejudicial effect of
    admitting the prior bad act didn’t substantially outweigh its probative value. See
    United States v. Ramirez-Jiminez, 
    967 F.2d 1321
    , 1327 (9th Cir. 1992).
    2. The grand jury instructions Mascorro challenges are indistinguishable
    from those we’ve previously held not to be constitutionally defective. See United
    States v. Caruto, 
    663 F.3d 394
    , 398–99 (9th Cir. 2011); United States v. Cortez-
    Rivera, 
    454 F.3d 1038
    , 1040–41 (9th Cir. 2006); United States v. Navarro-Vargas,
    
    408 F.3d 1184
    , 1187 (9th Cir. 2005) (en banc).
    AFFIRMED.
    

Document Info

Docket Number: 10-50554

Judges: Kozinski, Reinhardt, Fletcher

Filed Date: 2/2/2012

Precedential Status: Non-Precedential

Modified Date: 11/5/2024