United States v. Thomas Vinagera-Cesar

Good Law
993 F.2d 887·1993 WL 164768·1993 U.S. App. LEXIS 18305
United States Court of Appeals for the Ninth CircuitMay 13, 199390-50054California1,077 words

Opinion

Opinion

993 F.2d 887 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas VINAGERA-CESAR, Defendant-Appellant. No. 90-50054. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 13, 1993. Before: BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Vinagera-Cesar appeals his conviction, which followed a jury trial, for assault with a dangerous weapon in violation of 18 U.S.C. § 113 (c). Vinagera-Cesar claims, first, that the district court abused its discretion by admitting evidence of other crimes pursuant to Fed.R.Evid. 404(b), and, second, that the evidence was insufficient to sustain his conviction. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. A. Prior Acts 3 We review for abuse of discretion a district court's decision to admit evidence under Fed.R.Evid. 404(b). United States v. Houser, 929 F.2d 1369 (9th Cir.1990). "Evidence of a defendant's prior…

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