United States v. Adam Shawn Peter

61 F.3d 914 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Adam Shawn PETER, Defendant-Appellant. No. 94-30135. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 17, 1995. Decided July 26, 1995. Before: FARRIS, NOONAN, and HAWKINS, Circuit Judges. 1 MEMORANDUM * I. Evidentiary Rulings 2 The trial court allowed testimony by Tony Lee Tolliver over Peter's objection. Tolliver testified that he had purchased cocaine from Peter on several occasions between May 1992 and January 1993. According to Tolliver, he would page Peter from a payphone when he wished to purchase cocaine. The transactions would occur in the hallway or bedroom of Peter's house. 3 Peters contends that: (1) it was error under Fed.R.Evid. 404(b) to admit evidence of his prior drug dealing; (2) even if admissible under 404(b), the evidence was more prejudicial than probative under 403(b). A. Rule 404(b) 4 We review for abuse of discretion a…