FILED
NOT FOR PUBLICATION MAY 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30033
Plaintiff - Appellee, D.C. No. 1:07-CR-00057-BLW-1
v.
MEMORANDUM *
EDWARD NINO ALFARO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief District Judge, Presiding
Argued and Submitted May 24, 2010
Pocatello, Idaho
Before: KOZINSKI, Chief Judge, TROTT and N.R. SMITH, Circuit Judges.
1. “[B]ecause the jury would learn of his [prior conviction] in any event,”
Estelle v. Williams, 425 U.S. 501, 507 (1976) (internal quotation marks omitted),
and because the trial court appropriately instructed the venire, Alfaro was not
deprived of his constitutional right to a fair trial.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
2. Alfaro’s sentence was not procedurally erroneous or substantively
unreasonable. United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.