United States v. Julio Morales Beltran

MEMORANDUM

Julio Morales-Beltran appeals his conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

1. The district court did not abuse its discretion in admitting evidence of Morales-Beltran’s 2000 arrest for marijuana importation. Evidence of a defendant’s prior bad acts may be admitted under Federal Rule of Evidence 404(b) if (1) the evidence tends to prove a material point; (2) the prior act is not too remote in time; (3) the evidence is sufficient to support a finding that the defendant committed the other act; and (4) the act is similar to the offense charged. United States v. Banks, 514 F.3d 959, 976 (9th Cir.2008). Where, as here, the evidence is offered to prove knowledge, “the prior act need not be similar to the charged act as long as the prior act was one which would tend to make the existence of the defendant’s knowledge more probable than it would be without the evidence.” United States v. Lozano, 623 F.3d 1055, 1059 (9th Cir.2010) (per curiam).

The district court did not abuse its discretion by concluding that the circumstances surrounding Morales-Beltran’s 2000 arrest were…