Ava
United States v. Ava
Opinion
Lead Opinion
MEMORANDUM **
Defendant-Appellant Vili Ava appeals his convictions on three counts of defrauding a bank in violation of 18 U.S.C. § 1344 . We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
Although he did not object at trial, on appeal Ava objects to four categories of evidence: (1) testimony regarding the $8,400 he “borrowed” from Mauai’s account; (2) his evasive answers and shifting explanations when confronted by investiga *740 tors; (3) a copy of Mauai’s passbook and testimony that Ava had made all the entries in it, many of which did not balance; and (4) testimony that somehow Mauai’s address had been changed in the bank’s records to an address from which mail was returned.
Contrary to Ava’s contention, none of this evidence was “other acts” evidence. Thus, Federal Rule of Evidence 404(b) does not bar its admission. This evidence concerns acts inextricably intertwined with acts properly at issue during the trial. United States v. King, 200 F.3d 1207, 1215 (9th Cir.1999). The events regarding the $8,400 occurred prior to the third loan. It is logical to infer that Ava obtained the third loan,…