United States v. Wade Donzell Stevenson

79 F.3d 1155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Wade Donzell STEVENSON, Defendant-Appellant. No. 95-50109. United States Court of Appeals, Ninth Circuit. Submitted March 4, 1996. ** Decided March 19, 1996. 1 Before: PREGERSON and T.G. NELSON, Circuit Judges, and LYNCH, *** District Judge. 2 MEMORANDUM * 3 The defendant, Wade Donzell Stevenson, was convicted by a jury of possession with intent to distribute and distribution of cocaine base. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and we affirm. A. Evidentiary Rulings 1. Standard of Review 4 We review a district court's decision to admit evidence for abuse of discretion. United States v. Warren, 25 F.3d 890, 894 (9th Cir.1994). "Whether evidence is 'other crimes' evidence within the meaning of Rule 404(b) is a question of law that is reviewed de novo." Id. at 895 . 5 We can affirm admission of the evidence on a theory that…