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United States v. Bogar Agudo-Monroy
705 F. App'x 666
| 9th Cir. | 2017
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*1 Before: CANBY and REINHARDT, Circuit Judges, and BLOCK, [**] District Judge.

Defendant-Appellant Bogar Agudo-Monroy argues on appeal that a number of mostly unpreserved trial errors deprived him of a fair trial, either individually or cumulatively.

*2 We conclude that the district court plainly erred by admitting irrelevant evidence regarding the deconfliction of phone numbers in a cell phone connected to Agudo-Monroy. The district court also abused its discretion by allowing unnoticed expert testimony interpreting the cell phone log. We find these errors harmless, both individually and cumulatively, in light of the overwhelming evidence of guilt. See United States v. Whitehead , 200 F.3d 634, 639 (9th Cir. 2000); see also United States v. Karterman , 60 F.3d 576, 580 (9th Cir. 1995).

The other grounds on which Agudo-Monroy appeals did not amount to error, but even if they did it would not affect our conclusion regarding harmlessness.

AFFIRMED.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. * * The Honorable Frederic Block, United States District Judge for the Eastern District of New York, sitting by designation.

Case Details

Case Name: United States v. Bogar Agudo-Monroy
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 11, 2017
Citation: 705 F. App'x 666
Docket Number: 16-50380
Court Abbreviation: 9th Cir.
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