United States v. Eber Aguilar-Acevedo

488 F. App'x 243

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 29, 2012
• Docket: 11-10470
• Status: Unpublished

Opinion

MEMORANDUM ***

Appellant Eber Aguilar-Acevedo appeals his jury conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 and for assault on a Federal Officer in violation of 18 U.S.C. §§ 111(a)(1) and 111(b)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm the conviction and sentence.

The district court did not err in denying Appellant’s request for an adverse inference jury instruction because there was no evidence of bad faith on the part of the police in failing to preserve the rocks used in the assault. See Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988); United States v. Artero, 121 F.3d 1256, 1259-60 (9th Cir.1997). The district court did not err in permitting lay witnesses to establish bodily injuries because the testimony was based on the witnesses’ personal observations and recollection of concrete facts, and it did not require specialized or technical knowledge to establish that a person was injured by rocks hitting his head. See Fed.R.Evid. 701.

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.