United States v. Stephen Earl Cook

81 F.3d 170 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stephen Earl COOK, Defendant-Appellant. No. 94-50607. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1996. * Decided March 29, 1996. Before: BROWNING, WALLACE, and FARRIS, Circuit Judges. 1 MEMORANDUM ** 2 Stephen Earl Cook appeals his convictions and sentence for importing and selling Mexican Red-Kneed tarantulas in violation of 18 U.S.C. § 545 and 16 U.S.C. §§ 3372 & 3373. 3 We AFFIRM the convictions and VACATE the sentence and REMAND for resentencing. 4 Cook argues that the district court erred in admitting evidence of his 1986 civil settlement agreement with the United States Fish and Wildlife Service under Fed.R.Evid. 404(b). 1 Where, as here, the prior act is being used to establish knowledge, "the government must prove a ... 'logical thread' connecting the prior act with the knowledge at issue in the act charged." United…