United States v. Elwood Peterson

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Elwood PETERSON, Defendant-Appellant. No. 93-10497. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 11, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Elwood Peterson appeals his conviction, following a jury trial, for sale of a firearm to an out-of-state resident in violation of 18 U.S.C. Secs. 922 (b)(3), 924(a)(1)(D). Peterson contends the district court erred by admitting, pursuant to Fed.R.Evid. 404(b), evidence that Peterson had previously sold eleven firearms to another out-of-state resident, Scott Reed. He also contends he was denied due process because the government failed to disclose to the defense evidence that Reed was, in fact, a Nevada resident when Peterson sold him the firearms. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review for abuse of discretion a trial…