U.S. v. EVANS

Nos. 11-30367, 11-30369.

728 F.3d 953 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Anderson EVANS, Sr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Joseph Anderson Evans, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2013.


Attorney(s) appearing for the Case

Stephen R. Hormel (argued), Hormel Law Office, L.L.C., Spokane Valley, WA, for Defendant-Appellant.

Shawn N. Anderson (argued). Assistant United States Attorney, and Michael C. Ormsby , United States Attorney, Yakima, WA., for Plaintiff-Appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD A. PAEZ, Circuit Judges.


OPINION

PAEZ, Circuit Judge:

In these consolidated appeals, we clarify the limits of a trial court's authority under Federal Rules of Evidence 104 and 403 to exclude relevant evidence when the court questions the credibility of such evidence. In two separate cases, the government charged defendant Joseph Anderson Evans, Sr., with being an alien in the United States after deportation, as well as misrepresenting his identity and citizenship to fraudulently...

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