United States v. Hector De La Rosa-Contreras

73 F.3d 371 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hector De La ROSA-CONTRERAS, Defendant-Appellant. No. 94-10553. United States Court of Appeals, Ninth Circuit. Submitted Oct. 16, 1995. * Decided Dec. 28, 1995. Before: GOODWIN, HAWKINS, Circuit Judges, and FITZGERALD ** , District Judge. MEMORANDUM *** Hector De La Rosa-Contreras appeals his jury conviction for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana, in violation of 21 U.S.C. Secs. 846 , 841(b)(1)(B)(vii). Specifically, Rosa-Contreras was convicted after he was discovered driving a vehicle loaded with approximately 264 pounds of marijuana through a border station between Mexico and the United States. Rosa-Contreras contends that: (1) it was error under 404(b) to admit evidence of his prior marijuana smuggling conviction for the limited purpose of proving knowledge; and (2) it was error for the…