USA V. LUIS SALAS-RIVERA, No. 10-50595 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 19 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellant, No. 10-50595 D.C. No. 3:09-cr-04427-H-1 v. MEMORANDUM * LUIS FERNANDO SALAS-RIVERA, Defendant - Appellee. 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 * 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. 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
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