United States v. James A. Lackey

47 F.3d 1176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James A. LACKEY, Defendant/Appellant. No. 94-50167. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1995. * Decided Feb. 21, 1995. 1 Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, ** Senior District Judge 2 MEMORANDUM *** 3 James Lackey ("Lackey") appeals his convictions for armed bank robbery and use of a firearm during the commission of a violent felony. It was not an abuse of discretion (United States v. Hinton, 31 F.3d 817, 822 (9th Cir.1994)) for the District Court to admit evidence of two prior robberies to prove identity, where identity was a crucial issue and similarities between the offenses were striking. Fed.R.Evid. 404(b) and 403; United States v. Quinn, 18 F.3d 1461, 1466 (9th Cir.1994). Nor did the District Court abuse its discretion in finding that no hearing was required to investigate allegations of juror misconduct and…