UNITED STATES of America, Plaintiff-Appellant, v. Luis Fernando SALAS-RIVERA, Defendant-Appellee, 472 F. App'x 684

MEMORANDUM The government appeals the district court’s grant of a new trial in this case. Fed.R.Crim.P. 33(

a) allows the district court to grant a new trial “if the interest of justice so requires.” We review the district court’s grant of new trial for an abuse of discretion. United States v. Kellington, 217 F.3d 1084, 1094-95 (9th Cir.2000). We affirm the grant of a new trial because the district court acted within its discretion in concluding that the expert testimony was unduly prejudicial under Fed.R.Evid. 403 and likely resulted in a miscarriage of justice. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.