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United States v. Lomali-Vasquez

filed: December 22, 1995.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LUCIO LOMALI-VASQUEZ, DEFENDANT-APPELLANT.



D.C. No. CR-94-00901-JNK. {Judge}{Q}Judges{/Q}{/Judge}

Before: Browning and Pregerson, Circuit Judges, and Tanner,*fn* District Judge.

Order

The memorandum Disposition filed September 28, 1995 is amended as follows:

The paragraph at pages 2-3 beginning "Lomali's Rule 608(b) argument" is replaced with the following:

Lomali's Rule 608(b) argument also fails. Although Rule 608(b) prohibits a party from introducing extrinsic evidence "solely for the purpose of attacking the credibility of the witness," evidence may be admitted if it is also relevant to disproving a defense. Sanchez-Robles, 927 F.2d 1070 at 1078. Here, the TECS report contradicted testimony that Lomali held several jobs and was relevant to disproving Lomali's theory that because of this employment, he had neither the time nor the motive to engage in smuggling. Accordingly, the lower court's decision to admit the report was not an abuse of discretion.

With this change, defendant-appellant's petition for ...


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