The following excerpt is from U.S. v. Herrera-Zuleta, 937 F.2d 614 (9th Cir. 1991):
Herrera asserts that the trial court erred by refusing to admit one item of evidence, and in admitting another. "Questions of the admissibility of evidence which involve factual determinations, rather than questions of law, are reviewed for an abuse of discretion." United States v. Owens, 789 F.2d 750, 753 (9th Cir.1986) (citations omitted), reversed on other grounds, 484 U.S. 554 (1988). There is no assertion that a question of law was involved here. The trial judge simply viewed the evidence and admitted it or refused to do so based on its apparent relevancy. For that reason we consider defendant's claims under an abuse of discretion standard.
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