Opinion
No. 10-50595 D.C. No. 3:09-cr-04427-H-1
04-19-2012
UNITED STATES OF AMERICA, Plaintiff - Appellant, v. LUIS FERNANDO SALAS-RIVERA, Defendant - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Pasadena, California
Before: FERNANDEZ and SILVERMAN, Circuit Judges, and BLOCK, Senior District Judge.
The Honorable Frederic Block, Senior United States District Judge for the Eastern New York, sitting by designation.
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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 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.