United States v. Saenz

179 F.3d 686, 99 Cal. Daily Op. Serv. 4201, 99 Daily Journal DAR 5283, 1999 U.S. App. LEXIS 11174, 1999 WL 346627
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 2, 1999
DocketNo. 98-10175
StatusPublished
Cited by29 cases

This text of 179 F.3d 686 (United States v. Saenz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Saenz, 179 F.3d 686, 99 Cal. Daily Op. Serv. 4201, 99 Daily Journal DAR 5283, 1999 U.S. App. LEXIS 11174, 1999 WL 346627 (9th Cir. 1999).

Opinion

PREGERSON, Circuit Judge:

Oscar Saenz appeals his jury conviction for assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. §§ 1153 and 113(a)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291,. and because of an intervening and recent en banc decision, United States v. James, 169 F.3d 1210 (9th Cir.1999) (eri banc), unavailable to the district court at the time of its ruling, we reverse Saenz’s conviction.

FACTS AND PRIOR PROCEEDINGS

Saenz was indicted on a single count of assault with a dangerous weapon with intent to do bodily harm, in violation of 18 U.S.C. §§ 1153 and 113(a).

Before trial, Saenz gave the government notice that he would introduce the following self-defense evidence: (1) that the victim had bragged to him about his fighting prowess; (2) that he was aware, at the time the assault was committed, that the victim had recently been carrying brass knuckles and a piece of pipe for the purposes of assaulting a relative; and (3) that he had, on the day of the assault, refused to participate in a series of illegal activities initiated by the victim. The government filed a motion in limine to preclude the proffered evidence under Rule 404(b). Saenz opposed the government’s motion.

Relying on United States v. Keiser, 57 F.3d 847 (9th Cir.1995), the district court granted the government’s motion to preclude evidence of Saenz’s knowledge of the victim’s specific acts of misconduct.2 The district court also granted the government’s motion to preclude evidence that Saenz had spent the day thwarting the victim’s illegal activities, including burglary, shoplifting, and transportation of undocumented persons.

At trial, the defense presented evidence that Saenz, the victim, and a third person had traveled to Mexico on the day of the offense. They all drank heavily and also took prescription pain medication. Saenz and the victim had several confrontations throughout the day, which culminated in an incident at Saenz’s house. When Saenz told the victim not to come in his house, the victim “used the four-letter word, and he said, what are you going to do.”3 [688]*688Saenz then hit the victim, “because [he] was scared of getting hurt since [he] had this bandage on [his] leg and on [his] back.” Saenz chased the victim out of his house and continued hitting him, although he did not remember hitting the victim with a rock. Saenz sustained minor injuries. See id. In addition, both Saenz and his girlfriend testified about Saenz’s poor physical health.

After the defense rested, the district court held that Saenz was not entitled to a self-defense instruction because no rational jury could find, on the basis of the evidence, that the Saenz had acted in self defense.

The jury found Saenz guilty as charged, and the court sentenced him to 37 months in prison and 36 months supervised release. He appeals his conviction.

DEFENDANT’S KNOWLEDGE OF VICTIM’S PRIOR ACTS OF VIOLENCE

The district court ruled as a matter of law that evidence of Saenz’s knowledge of the victim’s prior acts of violence was inadmissible. We review de novo. See James, 169 F.3d at 1213-14 (stating that standard of review for legal interpretations of the Federal Rules of Evidence is de novo).

One of the elements of self defense is the defendant’s reasonable belief that his use of force was necessary. See Reiser, 57 F.3d at 853. To support the reasonableness of his belief, Saenz sought to introduce evidence that he knew (1) that the victim had recently been carrying brass knuckles and a length of pipe, and (2) that the victim had sought to inflict serious injury on a relative because the relative had slighted him. The district court erred when it concluded that this evidence was inadmissible as a matter of law under Federal Rule of Evidence 404(b).

Federal Rule of Evidence 404(b)-provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

(emphasis added). By its plain language, Rule 404(b) only prohibits evidence of other acts to prove the character of the person who committed the other acts and to prove that person’s actions in conformity with that character. Rule 404(b) does not apply when a defendant seeks to introduce evidence that he knew of a victim’s other acts to show the defendant’s state of mind.

The district court incorrectly relied on Keiser, 57 F.3d 847, to conclude that Rule 404(b) prohibits the use of Saenz’s knowledge of the victim’s prior acts of violence to show Saenz’s state of mind. Reiser does not apply. Although Reiser was a self-defense case, the issue in Reiser was not whether the victim’s specific acts were admissible to show the defendant’s state of mind, but rather whether the victim’s specific acts were admissible to show the victim’s propensity toward violence. See id. at 853. In Reiser, we expressly declined to reach the question “whether [the victim’s] specific acts are admissible to bolster the assertion that the defendant’s belief in the need for force was reasonable.” 57 F.3d at 853. Because the specific act the defendant sought to introduce in Reiser occurred after the charged offense, there was no claim that the act was relevant to the defendant’s state of mind at the time of the charged offense. Therefore, Reiser is inapposite.

Our recent en banc opinion addresses the admissibility of a victim’s prior acts of violence to show the defendant’s state of mind in a self-defense case. See James, 169 F.3d 1210. James involved a claim of self-defense to the charge of aiding and abetting manslaughter on an Indian reser[689]*689vation. See id. at 1211. The district court in James

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Of Washington, V. Mark Laurila
Court of Appeals of Washington, 2026
Copeland v. State
888 S.E.2d 517 (Supreme Court of Georgia, 2023)
United States v. Armajo
38 F.4th 80 (Tenth Circuit, 2022)
State v. Fisk
2021 Ohio 1973 (Ohio Court of Appeals, 2021)
Strong v. State
845 S.E.2d 653 (Supreme Court of Georgia, 2020)
State v. E. Gomez
2020 MT 73 (Montana Supreme Court, 2020)
United States v. Denny Johnson, Sr.
860 F.3d 1133 (Eighth Circuit, 2017)
United States v. Kevin Bellinger
652 F. App'x 143 (Fourth Circuit, 2016)
United States v. Ballou
59 F. Supp. 3d 1038 (D. New Mexico, 2014)
United States v. Eric Christian
749 F.3d 806 (Ninth Circuit, 2014)
United States v. Calvin Jones
554 F. App'x 460 (Sixth Circuit, 2014)
United States v. Rudy Garcia
Ninth Circuit, 2013
Christopher v. People
57 V.I. 500 (Supreme Court of The Virgin Islands, 2012)
United States v. Robert Darryl War Club
403 F. App'x 287 (Ninth Circuit, 2010)
United States v. Carlous Clark
377 F. App'x 451 (Sixth Circuit, 2010)
United States v. Sheehan
512 F.3d 621 (D.C. Circuit, 2008)
United States v. James Allen Gregg
451 F.3d 930 (Eighth Circuit, 2006)
United States v. Dobson
63 M.J. 1 (Court of Appeals for the Armed Forces, 2006)
United States v. Montiel-Sanchez
171 F. App'x 599 (Ninth Circuit, 2006)
De Los Reyes v. De Mesa Linayao
113 F. App'x 807 (Ninth Circuit, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
179 F.3d 686, 99 Cal. Daily Op. Serv. 4201, 99 Daily Journal DAR 5283, 1999 U.S. App. LEXIS 11174, 1999 WL 346627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-saenz-ca9-1999.