United States v. Diana Hernandez

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Diana HERNANDEZ, Defendant-Appellant. No. 95-10266. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 20, 1996. Before: CHOY, BEEZER, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Diana Hernandez was convicted of one count of conspiracy, nine counts of aiding and abetting the filing of false statements with the INS, and six counts of making a false acknowledgment. Hernandez appeals arguing that the district court (1) improperly admitted "other crimes" evidence under Fed.R.Evid. 404(b), and (2) improperly applied the sentencing guidelines. We affirm. I. 3 Hernandez argues that the district court improperly admitted other "crimes, wrongs, or acts" evidence. See Fed.R.Evid. 404(b). Specifically, Hernandez objects to the testimony of five witnesses: Saul Sandoval, Samuel Maxim, Manuel Felix, Albert Perales, and Cesar Condes. 4 The…