United States of America v. Roy Colina Alivio

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROY COLINA ALIVIO,
Defendant - Appellant.
No. 08-50489
D.C. No. 2:07-cr-00243-RGK
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Argued and Submitted February 5, 2010
Pasadena, California
Before: SCHROEDER, FISHER and N.R. SMITH, Circuit Judges.
This is an appeal from a jury conviction of six counts of subscribing to a
false income tax return in violation of 26 U.S.C. § 7206(1). The only issue on
appeal is whether the district court abused its discretion by allowing testimony
concerning defendant’s gambling activities.
FILED
FEB 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

2
The gambling evidence was clearly relevant to the issues in the case under
Federal Rule of Evidence 401. The district court handled the evidence in a manner
such that the probative value of the evidence was not substantially outweighed by
the danger of unfair prejudice under Federal Rule of Evidence 403. There was,
therefore, no abuse of discretion. See United States v. Hinkson, 585 F.3d 1247,
1251 (9th Cir. 2009) (en banc).
AFFIRMED.

-- 2 of 2 --