United States v. Robert James Walton

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert James WALTON, Defendant-Appellant. No. 93-10717. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1994. Decided Nov. 17, 1994. Before: SCHROEDER, FERGUSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The Defendant-Appellant Robert James Walton appeals his conviction on two counts of bank robbery, 18 U.S.C. Sec. 2113 (c), on three grounds. Walton argues that the district court: (1) created undue prejudice by admitting evidence of Walton's alleged participation in an uncharged bank robbery; (2) erred by admitting Sergeant Katz's testimony about the two robberies; and, (3) erred in its instruction of the jury. We affirm. I. 3 Walton argues that the trial court erred by admitting evidence of an uncharged bank robbery under Fed.R.Evid. 404(b). Evidence of other crimes, wrongs, or similar acts may only be admitted to show a common scheme…