United States v. Alonzo Rio Lizarraga

991 F.2d 804 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alonzo Rio LIZARRAGA, Defendant-Appellant. No. 90-50429. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided April 22, 1993. Before HALL, RYMER and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Alonzo Rio Lizarraga appeals his jury conviction and sentence under the Federal Sentencing Guidelines for conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846 and distribution of cocaine in violation of 21 U.S.C. § 841 (a)(1). 3 * Lizarraga argues that the district court erred in admitting evidence of his 1977 and 1981 drug convictions under Federal Rule of Evidence 404(b). This circuit has articulated a four part test to determine whether evidence is admissable under rule 404(b). United States v. Houser, 929 F.2d 1369, 1373 (9th Cir.1990). As an initial matter, there must be sufficient evidence that…