Spivey

United States v. Spivey

Good Law
7 F. App'x 595
United States Court of Appeals for the Ninth CircuitMarch 22, 2001No. 99-50460; D.C. No. CR-98-01019-LGBCalifornia626 words

Opinion

Lead Opinion

MEMORANDUM

Reginald Spivey appeals his 21 month sentence and conviction by jury trial for one count of Conspiracy to File False Claims in violation of 18 U.S.C. § 286 , and eight counts of Filing False Claims in violation of 18 U.S.C. § 287 . Spivey’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), identifying five potential issues for review. Spivey has not filed a pro se supplemental brief.

Counsel first references the issue of whether the court violated Fed.R.Evid. 404(b) by admitting evidence of uncharged conduct (81 additional federal income tax returns) as substantive evidence against Spivey. Because the uncharged conduct was highly probative of motive, intent, and knowledge, the district court’s decision to admit the evidence was not an abuse of discretion. See Huddleston v. United States, 485 U.S. 681, 685 , 108 S.Ct. 1496 , 99 L.Ed.2d 771 (1988).

*597 Counsel next raises the issue of whether the district court abused its discretion by denying defense counsel an opportunity to impeach a government witness through cross examination on the matter of the witness’s use of aliases. Because the court…

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