BENNETT

v.

TEXAS

Citator

Cited By (27 total)

• United States v. Vito Spillone, 879 F.2d 514 (9th Cir. 1989)
  …estimony implied that he raped Ellis and therefore its admission violated Fed.R.Evid. 404(b). We review a trial court’s admission of evidence for abuse of discretion. See United States v. Gwaltney, 790 F. 2d 1378, 1382 (9th Cir.1986), cert. denied, 479 U.S. 1104, 107 S.Ct. 1337, 94 L.Ed.2d 187 (1987). The erroneous admission of evidence does not require reversal of the defendant’s conviction unless, more probably than not, the error materially affected the jury’s verdict. United States v. Valle-Valdez, 554…
• United States v. Hernandez, 876 F.2d 774 (9th Cir. 1989)
  …lement of the crime charged.” United States v. Douglass, 780 F. 2d 1472, 1476 (9th Cir.1986). A district court’s admission of evidence is reviewed for abuse of discretion. United States v. Gwaltney, 790 F. 2d 1378, 1382 (9th Cir.1986), cert. denied, 479 U.S. 1104, 107 S.Ct. 1337, 94 L.Ed.2d 187 (1987). IV. HERNANDEZ’ APPEAL A. Sufficiency of the Evidence — Conspiracy Hernandez argues that the evidence is insufficient to support his count two conspiracy conviction because there was no evidence of an agree…
• United States v. Donaciano Hernandez-Escarsega, 886 F.2d 1560 (9th Cir. 1989)
  …district judge’s determinations regarding the admissibility of evidence for abuse of discretion. See United States v. Hernandez, 876 F. 2d 774, 777 (9th Cir.1989) (citing United States v. Gwaltney, 790 F. 2d 1378, 1382 (9th Cir.1986), cert. denied, 479 U.S. 1104, 107 S.Ct. 1337, 94 L.Ed.2d 187 (1987)). Hernandez’ relevancy challenge is easily resolved. One of the crimes for which he was tried was engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848. As we have previously stated, in…