United States v. Robert W. Barnes

86 F.3d 1163 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert W. BARNES, Defendant-Appellant. No. 95-30149. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1996. * Decided May 28, 1996. Before: LAY, ** WRIGHT and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Robert W. Barnes appeals his conviction and sentence for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 ; possession of cocaine with intent to deliver, in violation of 21 U.S.C. § 841 ; and possession of cocaine with intent to deliver within 1,000 feet of a school, in violation of 21 U.S.C. § 860 . 3 On appeal, Barnes contends that the district court erred in admitting evidence of his gang affiliation. He contends that the evidence was offered solely to show his criminal propensity, and should have been excluded under Fed.R.Evid. 404(b) or Rule 403. We review the admission of evidence under an abuse of discretion…