83 F. App'x 917

UNITED STATES of America, Plaintiff—Appellee, v. Jose Guadalupe CEBREROS, Defendant—Appellant.

No. 02-50610.

D.C. No. CR-01-02788-1-JM.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 4, 2003.

Decided Dec. 15, 2003.

USSD-Office of the U.S. Attorney, San Diego, CA Mark A. Inciong, USLV-Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.

Gary P. Burcham, San Diego, CA, for Defendant-Appellant.

Before KOZINSKI, NOONAN, Circuit Judges, and SCHWARZER, Senior District Judge.*

MEMORANDUM**

1. The district court did not abuse its discretion in admitting Cebreros’s prior drug possession conviction under Federal Rule of Evidence 609. See United States v. Hursh, 217 F.3d 761, 768 (9th Cir.2000).

2. Because the evidence against Cebre-ros was overwhelming, the alleged and admitted government errors during trial did not affect Cebreros’s substantial rights. Thus, Cebreros’s argument that his conviction should be reversed must fail. See United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

AFFIRMED.

United States v. Cebreros
83 F. App'x 917

Case Details

Name
United States v. Cebreros
Decision Date
Dec 15, 2003
Citations

83 F. App'x 917

Jurisdiction
United States

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