Murillo

United States v. Murillo

Good Law
11 F. App'x 901
United States Court of Appeals for the Ninth CircuitApril 20, 2001Nos. 00-30097, 00-30118; D.C. Nos. CR-99-00031-E-BLW, CR-99-00039-E-BLWCalifornia1,577 words

Opinion

Lead Opinion

MEMORANDUM *

Patrick Raul Murillo appeals his conviction and the denial of a motion for a new trial after a jury convicted him of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, two counts of using or carrying a firearm in connection with a drug trafficking offense, and perjury for lying under oath at his detention hearing on the above charges. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A. Evidence of Prior Drug Transactions

Murillo contends that testimony that twice in March of 1999, he delivered a quarter pound of methamphetamine to a buyer is inadmissible evidence of prior bad acts under Fed.R.Evid. 404(b). Alternatively, he contends that the probative value of the evidence is substantially outweighed by the possibility of unfair prejudice in violation of Fed.R.Evid. 403.

We review a district court’s evidentiary rulings diming trial for abuse of discretion. United States v. Fleming, 215 F.3d 930, 938 (9th Cir.2000). “However, the issue of whether the evidence falls within the scope of Rule 404(b) is reviewed de novo.” United States v. Arambula-Ruiz, 987 F.2d 599, 602 (9th…

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