United States v. Etienne Devoe

MEMORANDUM

Etienne Devoe appeals his conviction for possession of powder cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). He contends that the district court committed three reversible errors. We affirm.

1. The district court did not abuse its discretion in admitting evidence from and testimony about the Gillam Way search under Federal Rule of Evidence 404(b). “Other acts evidence is admissible under Rule 404(b) if it (1) tends to prove a material point in issue; (2) is not too remote in time; (3) is proven with evidence sufficient to show that the act was committed; and (4) if admitted to prove intent, is similar to the offense charged.” United States v. Beckman, 298 F.3d 788, 794 (9th Cir. 2002). Devoe argues the first two of these criteria are not met. We disagree. Evidence seized during the Gillam Way search tended to show that Devoe knew about the drugs found in his duffel bag during the prior search at Wood River Drive. Although not highly probative, the Gillam Way evidence shed some light on Devoe’s “intent, ... knowledge, ... [and] absence of mistake.” Fed. R. Evid. 404(b)(2); see United States v. Lozano, 623 F.3d 1055, 1059-60 (9th…