United States v. Charles Foster

MEMORANDUM

Charles Foster appeals from his jury conviction of one count of possession of 50 grams or more of methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A), one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C); and one count of conspiracy to possess 500 grams or more of a mixture or substance containing methamphetamine and cocaine with intent to distribute in violation of 21 U.S.C. §§ 846 , 841(a)(1), 841(b)(1)(C), and 841(b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Foster asserts that the district court erred by admitting, during trial, evidence of Foster’s prior drug conviction along with evidence relating to two drug transactions involving Foster and a confidential informant. “We review a district court’s admission of evidence; under Federal Rule of Evidence 404(b) for an abuse of discretion.” United States v. Romero, 282 F.3d 683, 688 (9th Cir. 2002). Rule 404(b) evidence may be admitted 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…