United States v. John Leonard Orr

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Leonard ORR, Defendant-Appellant. No. 92-10681. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1994. Decided July 21, 1994. 1 Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges 2 MEMORANDUM * 3 John Orr appeals his jury conviction and the restitution order imposed as part of his sentence for three counts of arson, in violation of 18 U.S.C. Sec. 844 (i). We affirm, but strike part of the judgment. I. Evidence of the Arson Fire in Atascadero 4 Over Orr's objection, the trial court allowed the government to introduce evidence of a March 9, 1989, arson fire at the Pacific Home Improvement store in Atascadero. 5 The district court decided to admit the government's evidence about the Atascadero arson fire because of its similarity to the Tulare/Bakersfield fires and because Orr was in the vicinity of Atascadero at the time the…