United States v. Joseph Kalac

MEMORANDUM

Joseph Kalac appeals his conviction and sentence for possession of heroin, methamphetamine and cocaine base with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A), (B) and (C); possession of a firearm in violation of 18 U.S.C. § 924 (c)(l)(A)(i); and being a felon in possession of a firearm and being a felon in possession of ammunition in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Kalac argues that the district court abused its discretion in admitting evidence of his prior conviction for possession of cocaine with intent to distribute under Federal Rule of Evidence 404(b) “to prove a material point, namely knowledge and intent,” because his defense was that the drugs were not his and thus knowledge and intent were not at issue. Kalac’s choice of defense did “not relieve the government of its burden of proof on any issue, including intent,” and so did not preclude the government “from meeting this burden by an otherwise acceptable means such as Rule 404(b).” United States v. Mayans, 17 F.3d 1174, 1182 (9th Cir. 1994) (internal quotation marks and citations omitted). In…