United States v. Lonnie A. Hamilton, United States of America v. Lonnie A. Hamilton

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lonnie A. HAMILTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lonnie A. HAMILTON, Defendant-Appellant. Nos. 94-30254, 94-30255. United States Court of Appeals, Ninth Circuit. Submitted Feb. 13, 1995. * Decided Feb. 14, 1995. Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 1. Evidence of the two counterfeit checks was admitted solely for the purpose of rebutting defendant's contention that he lacked intent to defraud, an essential element of the charge under 18 U.S.C. Sec. 2314 . The district court did not abuse its discretion in admitting the evidence under Fed.R.Evid. 404(b) and 403. See United States v. Freeman, 6 F.3d 586, 599 (9th Cir.1993); United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989). 3 2. The prosecutor's reference to Hamilton as a "professional criminal" during closing argument was not…