United States of America v. Luis Fernando Salas-Rivera

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Frederic Block, Senior United States District Judge for**
the Eastern New York, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v.
LUIS FERNANDO SALAS-RIVERA,
Defendant - Appellee.
No. 10-50595
D.C. No. 3:09-cr-04427-H-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Argued and Submitted April 11, 2012
Pasadena, California
Before: FERNANDEZ and SILVERMAN, Circuit Judges, and BLOCK, Senior
District Judge.**
The government appeals the district court’s grant of a new trial in this case.
Fed. R. Crim. P. 33(a) allows the district court to grant a new trial “if the interest of
justice so requires.” We review the district court’s grant of new trial for an abuse
FILED
APR 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

2
of discretion. United States v. Kellington, 217 F.3d 1084, 1094-95 (9th Cir. 2000).
We affirm the grant of a new trial because the district court acted within its
discretion in concluding that the expert testimony was unduly prejudicial under
Fed. R. Evid. 403 and likely resulted in a miscarriage of justice.
AFFIRMED.

-- 2 of 2 --