Esteban

United States v. Esteban

Good Law
23 F. App'x 854
United States Court of Appeals for the Ninth CircuitJanuary 8, 2002No. 00-10489; D.C. No. CR-00-00015-JSUCalifornia366 words

Opinion

Lead Opinion

MEMORANDUM *

Tomas Déla Cruz Esteban appeals his conviction and sentence for attempted importation of methamphetamine, importation of methamphetamine, and conspiracy to import methamphetamine. The facts and prior proceedings are known to the parties; we will not repeat them here, except as necessary.

Esteban argues that the district court abused its discretion when it admitted the drug paraphernalia and drug ledgers into evidence because these items were not relevant. We conclude that the district court acted within its discretion. Both the drug ledgers and the drug paraphernalia were relevant to the issue of intent.

Esteban also argues that the admission of this evidence was contrary to Federal Rule of Evidence 404(b). We review only for plain error on this ground, as it was not properly preserved below. See U.S. v. Gomez-Norena, 908 F.2d 497, 500 (9th Cir.1990) (“[A] party fails to preserve an evidentiary issue for appeal not only by failing to make a specific objection, but also by making the wrong specific objection.” (citations omitted)). At trial, Esteban’s only objection to admission of the drug paraphernalia was that it lacked relevance; his only objections to the drug…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.