The following excerpt is from U.S. v. Feldman, 949 F.2d 399 (9th Cir. 1991):
But even if it had excluded the evidence, it would not have violated its discretion. Under Federal Rule of Evidence 402, evidence that is not relevant is not admissible. And a district court has broad discretion to evaluate the relevancy of any piece of evidence. United States v. Lopez, 803 F.2d 969, 972 (9th Cir.1986), cert. denied, 481 U.S. 1030 (1987). Evidence that the victims of this fraud suffered no monetary loss is simply irrelevant to a mail fraud prosecution because monetary loss is not an element of the crime. Telink, 910 F.2d at 598-600. On the other hand, the prejudice appellant claims to have suffered because of the exclusion of this evidence is so speculative as to be absurd.
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