Fernandez

MEMORANDUM **

Fernando Fernandez (“Fernandez”) appeals from his conviction of conspiring to distribute cocaine, pursuant to 21 U.S.C. § 846 , and his 78-month sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Fernandez first argues that the district court erred in admitting prior-acts evidence. Alternatively, Fernandez argues that the prior-acts evidence, even if admissible under Federal Rule of Evidence 404(b), should have been excluded as prejudicial under Rule 403.

Under Rule 404(b), evidence of pri- or acts may be admitted to show knowledge and intent, but may not be admitted to show bad character. United States v. Mehrmanesh, 689 F.2d 822, 830 (9th Cir. 1982). Nevertheless, the evidence should not be admitted unless the government demonstrates that it tends to prove a material point at issue in the trial, is not temporally remote to the charged offense, is sufficient to demonstrate that the defendant committed the prior act, and is similar to the charged offense. United States v. Rude, 88 F.3d 1538, 1549 (9th Cir.1996). Here, the evidence of the Ramirez drug transactions was admitted to prove that Fernandez intended to conspire to distribute…