United States v. Mark Anthony Spencer

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Anthony SPENCER, Defendant-Appellant. No. 93-10638. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Nov. 16, 1994. 1 Before: PREGERSON, WIGGINS, Circuit Judges, and LEW * , District Judge. 2 MEMORANDUM ** OVERVIEW 3 Mark Anthony Spencer was charged with setting fire to his apartment at the Sunrise Arms Apartments on June 14, 1992, in violation of 18 U.S.C. Sec. 844 (i). Spencer appeals his jury conviction based on three evidentiary rulings by the district court. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. FACTS 4 In early June 1992, the manager of the Sunrise Arms Apartments began eviction proceedings against Spencer, who was behind on his rent payments. During the eviction process, Spencer verbally assaulted and threatened the apartment manager, his wife, and the constable who served the…