U.S. v. Do

Full title: UNITED STATES of America, Plaintiff-Appellee, v. CHAU HAI DO, a/k/a Do Hai…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 27, 1994

37 F.3d 1507 (9th Cir. 1994)

Opinion

37 F.3d 1507 (9th Cir. 1994) UNITED STATES of America, Plaintiff-Appellee, v. CHAU HAI DO, a/k/a Do Hai Chau, Defendant-Appellant. No. 91-50719. United States Court of Appeals, Ninth Circuit September 27, 1994

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Argued and Submitted Sept. 13, 1994.

Appeal from the United States District Court for the Central District of California, No. CR-91-0408-HLH-1; Harry L. Hupp, District Judge, Presiding.

C.D.Cal.

AFFIRMED.

Before: FEINBERG, ^* SCHROEDER and KOZINSKI, Circuit Judges.

* The Honorable Wilfred Feinberg, Senior United States Circuit Judge for the Second Circuit, sitting by designation.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.

The district court did not abuse its discretion in refusing to admit expert cultural testimony. The jury was capable of determining whether Do knew the substance in his bag was opium without determining his reasons for not questioning his master. In addition, the reluctance of immigrants to admit a lack of facility in English is not specialized knowledge. See Fed.R.Evid. 702.

AFFIRMED.