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United States v. Pace

Citation: 65 F. App'x 615Docket: No. 01-50415

Court: Court of Appeals for the Ninth Circuit; May 16, 2003; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by a defendant against his conviction and sentence related to robbery affecting interstate commerce, conspiracy, firearm use during a violent crime, and money laundering. The appellant challenged the admissibility of hearsay evidence, limitations on cross-examination, and a sentence enhancement for causing bodily injury. The appellate court upheld the district court’s decisions, finding that the hearsay was properly admitted under the Federal Rules of Evidence, the cross-examination limits were within judicial discretion and did not infringe upon the Confrontation Clause, and the sentence enhancement was supported by substantial evidence of the victim's injury. Additionally, the court reviewed the district court's in camera inspection of co-defendants’ presentence reports and found no undisclosed exculpatory evidence. Consequently, the appellant's arguments were deemed meritless, resulting in an affirmation of the initial conviction and sentence. The disposition is not for publication, consistent with Ninth Circuit Rule 36-3 regarding citation.

Legal Issues Addressed

Access to Presentence Reports and Exculpatory Evidence

Application: The court held that the district court's in camera review of presentence reports was sufficient as they contained no new exculpatory information.

Reasoning: The court determined that these reports contained no impeachment or exculpatory evidence not already available to Pace through the co-defendants' plea agreements.

Admissibility of Hearsay Statements under Federal Rules of Evidence

Application: The court found that hearsay statements were admissible as party admissions and co-conspirator statements, supporting the conviction.

Reasoning: The court affirms the conviction, ruling that the hearsay statements were admissible as party admissions and co-conspirator statements under Federal Rules of Evidence.

Limitation of Cross-Examination and the Confrontation Clause

Application: The district court's limitation on cross-examination was deemed within discretion and did not violate the Confrontation Clause as the inquiries were collateral.

Reasoning: The court also found that the district court acted within its discretion by limiting Pace's cross-examination of Wade, as the inquiries were collateral and did not violate the Confrontation Clause.

Offense Level Enhancement under U.S.S.G. 2B3.1(b)(3)(A)

Application: The court justified the two-level enhancement for bodily injury based on substantial evidence, including medical documentation, which was uncontested by Pace.

Reasoning: The court found substantial evidence, including medical documentation of Cuevas's arm injury that persisted for nearly a year post-robbery, which Pace failed to contest.