United States v. Kevin T. Bonner

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin T. BONNER, Defendant-Appellant. No. 94-10506. United States Court of Appeals, Ninth Circuit. Submitted Aug. 15, 1995. * Decided Aug. 17, 1995. Before: SNEED, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Bonner appeals his conviction as a felon in possession of a firearm, 18 U.S.C. Sec. 922 (g)(1), claiming that the testimony of three eyewitnesses who claimed to have seen him on previous occasions with the gun in question (or one similar to it) should have been excluded. We review de novo whether evidence constituted "other acts" evidence under Fed.R.Evid. 404(b). United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989), cert. denied, 498 U.S. 1119 (1991). Bonner raises two issues. 3 1. Bonner argues that, because the indictment charged him with gun possession on or about September 20, 1993, ER at 16, the witnesses' testimony as to his prior…