United States v. Webster Norris, III

MEMORANDUM

Defendanh-Appellant Webster Norris, III appeals his conviction for one count of second-degree murder, in violation of 18 U.S.C. §§ 1153 and 1111, and one count of assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1153 and 113(a)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Norris challenges the admission into evidence of testimony about his 1997 conviction for driving under the influence (DUI); his two prior arrests for DUI in 2007; and his completion of 36 hours of State of Arizona DUI Advanced Chemical Dependency Lectures in 2003, all to show that he knew the dangers of driving under the influence and therefore exhibited malice aforethought when he chose to disregard those dangers by driving under the influence of alcohol on September 20, 2008, striking and killing a cyclist who was on the side of the road. Norris contends the prosecutor’s reference to these prior bad acts during closing arguments further exacerbated any prejudice from them.

The district court correctly analyzed the evidence under Federal Rule of Evidence 404(b), as Norris concedes, and under Rule 403. The evidence was admissible to prove Norris’s…