United States Ninth Circuit

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US v. Ubaldo, 14-50093

Conviction for illegally importing weapons into the US, in violation of 18 U.S.C. sections 371, 922(l) and 924(a)(1)(C) and 22 U.S.C. section 2778(b)(2), is affirmed where the district court: 1) properly rejected the challenge to the sufficiency of the evidence to support the jury's verdict; 2) properly denied, after conducting a Franks hearing, defendant's suppression motion in which he claimed that the search warrant affidavit contained false and misleading statements; 3) did not clearly err in finding that defendant failed to establish bad faith; 4) acted within its discretion when it elected to issue a curative instruction rather than granting a mistrial for a purported violation of Fed. R. Crim. P. 16; 5) did not abuse its discretion in admitting evidence regarding defendant's previous smuggling conduct; and 6) adequately instructed the jury regarding the elements of causing the importation of weapons into the U.S. under 18 U.S.C. section 2(b).

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/09

Judges

  • RAWLINSON

Court

  • United States Ninth Circuit

Counsel


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