What is the test for abuse of wiretap transcripts?

MultiRegion, United States of America

The following excerpt is from U.S. v. Fuentes-Montijo, 68 F.3d 352 (9th Cir. 1995):

"Where there is no dispute as to accuracy, we review for abuse of discretion the district court's decision to allow the use of wiretap transcripts during trial and to permit such exhibits into the jury room." United States v. Pena-Espinoza, 47 F.3d 356, 359 (9th Cir.1995) (citing United States v. Taghipour, 964 F.2d 908, 910 (9th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 283, 121 L.Ed.2d 210 (1992)). "A nonconstitutional evidentiary error will be reversed for an abuse of discretion only if the court's ruling more likely than not affected the verdict." Id. (brackets and internal quotations omitted).

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