United States v. Ray Houston

963 F.2d 380 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. RAY HOUSTON, Defendant-Appellant. No. 91-50077. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1992. * Decided May 13, 1992. 1 Before JAMES R. BROWNING and FARRIS, Circuit Judges, and CAULFIELD, ** District Judge. 2 MEMORANDUM *** 1. Webb's prior bad acts and conviction 3 The district court did not abuse its discretion in ruling that Webb's prior drug use was not admissible to impeach Webb's testimony. Fed.R.Evid. 608(b) permits cross-examination regarding prior bad acts "in the discretion of the court, if probative of truthfulness or untruthfulness." Webb's drug use is not probative of truthfulness or untruthfulness. See Jack B. Weinstein & Margaret A. Berger, Weinstein's Evidence p 608, at 608-46 (1988) (subject behavior includes "forgery, income tax frauds including bribery, bankruptcy fraud, making false statements ... and perjury and false…