United States Ninth Circuit

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

• Published 2017/06/09

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel