U.S. v. Sayakhom
| Decision Date | 01 December 1999 |
| Docket Number | No. 97-10197,97-10197 |
| Citation | 197 F.3d 959 |
| Parties | (9th Cir. 1999) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. THONGSANGOUNE SAYAKHOM, Defendant-Appellant. Filed |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before: Robert R. Beezer and Stephen S. Trott, Circuit Judges, and Samuel P. King, District Judge.1
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
-
U.S. v. Tarallo
... ... § 1341 only if the government proves beyond a reasonable doubt that the defendant had the specific intent to defraud. United States v. Sayakhom, 186 F.3d 928, 941 (9th Cir.), amended by 197 F.3d 959 (9th Cir.1999). Likewise, a defendant may be convicted of committing securities fraud only ... argues that this "shameless display of xenophobia" 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 trial with unfairness as to make the resulting ... ...
-
Planned Parenthood Fed'n of Am., Inc. v. Ctr. for Med. Progress
... ... I noted that I could overhear the conversations of restaurant patrons seated around us, and therefore concluded that they could overhear us as well. I attended Dr. Gatter's deposition in this case and I agree with her that the third ... 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 ... ...
-
U.S. v. Acosta
... ... 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 S.Ct. 1216, 145 L.Ed.2d 1117 (2000), which ... ...
-
United States v. Smith
... ... See United States v. Sayakhom , 186 F.3d 928, 93940 (9th Cir.), amended by 197 F.3d 959, 959 (9th Cir. 1999). The district court did not abuse its discretion in refusing to ... ...