U.S. v. Sayakhom, 97-10197

Citation197 F.3d 959
Decision Date01 December 1999
Docket NumberNo. 97-10197,97-10197
Parties(9th Cir. 1999) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. THONGSANGOUNE SAYAKHOM, Defendant-Appellant. Filed
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

Before: Robert R. Beezer and Stephen S. Trott, Circuit Judges, and Samuel P. King, District Judge.1

ORDER

The Opinion filed on July 27, 1999 and appearing at 186 F.3d 928 (1999), is amended as follows:

On slip opinion page 8403 substitute the following language for the language contained in footnote 4

Sayakhom also argues that the recording was not offered to prove its truth but instead to show her language fluency. Although she initially raised this argument before the district court, she did not object to the district court's ruling, despite being afforded the opportunity to do so. CR 136, p. 129. When no objection is made, we review for plain error, but may reverse only if the defendant persuades us that the error was prejudicial in that it "affected the outcome of the district court proceeding." United States v. Tisor, 96 F.3d 370, 376 (9th Cir. 1996) (citation omitted). Given the abundance of evidence regarding Sayakhom's proficiency in the English language, see Section VIII A 1, we are not persuaded that the exclusion of the recording affected the outcome of the trial.

The mandate shall issue forthwith.

NOTE:

1. The Honorable Samuel P. King, United States District Judge for the District of Hawaii, sitting by designation.

To continue reading

Request your trial
14 cases
  • U.S. v. Tarallo, 02-50252.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 20, 2004
    ...... United States v. Sayakhom, 186 F.3d 928, 941 (9th Cir.), amended by 197 F.3d 959 (9th Cir.1999). Likewise, a defendant may ..." was an exercise by the prosecution that "equated assimilation with fraud." Defendant urges us to hold that the prosecutor's references to the anglicizing of Defendant's name "so infected the ......
  • Planned Parenthood Fed'n of Am., Inc. v. Ctr. for Med. Progress
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • August 23, 2019
    ...United States v. Edwards , 154 F.3d 915, 921 (9th Cir. 1998) ; see also U.S. v. Sayakhom , 186 F.3d 928, 943 (9th Cir. 1999), amended , 197 F.3d 959 (9th Cir. 1999).Defendants contend Cohen crosses that line because, first, he has been counsel to three East Coast Planned Parenthood affiliat......
  • U.S. v. Acosta, 98-CR-0104.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • August 26, 2000
    ....... 7. The same rule is provided in United States v. Sayakhom, 186 F.3d 928, 935-36, modified, 197 F.3d 959 (9th Cir.1999), cert. denied, ___ U.S. ___, 120 ......
  • United States v. Smith
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 4, 2016
    ...... See United States v. Sayakhom , 186 F.3d 928, 939–40 (9th Cir.), amended by 197 F.3d 959, 959 (9th Cir. 1999). The district ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT