United States v. Joseph Michael Gieniec

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph Michael GIENIEC, Defendant-Appellant. No. 92-50419. United States Court of Appeals, Ninth Circuit. Submitted May 3, 1993. * Decided May 6, 1993. Before KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 The district court didn't err in admitting evidence of Gieniec's prior bad acts. The evidence was relevant to show the nature of Gieniec's relationship with Rydzewski, which in turn bore on Gieniec's likely intent in accepting money from Rydzewski. Because the evidence was relevant to show something other than Gieniec's bad character, it wasn't excludable under Fed.R.Evid. 404. The probative value of the evidence was also not substantially outweighed by the danger of any unfair prejudice. See Fed.R.Evid. 403. 3 The district court didn't err in telling Gieniec that, if he put on evidence about Rydzewski's relationship with Tornberg,…