United States v. Alan Speights Luster

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alan Speights LUSTER, Defendant-Appellant. No. 90-50124. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 3, 1991. Decided May 20, 1992. 1 Before SCHROEDER and KOZINSKI, Circuit Judges, and HOGAN, * District Judge. 2 MEMORANDUM ** 3 Appellant was convicted of one count of conspiracy and six counts of using counterfeit access devices to automatic teller machines in violation of 18 U.S.C. 1029(a)(1), (a)(3) and (b)(2). He was sentenced to 30 months imprisonment followed by a three year term of supervised release and payment of $238,560.00 restitution. 4 Appellant appeals his conviction alleging error in (1) the District Court's failure to hold a separate hearing on restitution; (2) insufficiency of evidence to convict on Count I for conspiracy to use counterfeit access devices; (3) improper admission of evidence of a past crime; (4) failure to…