Matias

MEMORANDUM **

Following Ricardo Matías’ (“Appellant”) entry into the United States from Mexico, an initial inspection of his truck revealed a spare tire that appeared solid when tapped and showed signs of tampering. After a narcotics dog “alerted” to the spare tire, a search revealed approximately forty pounds of marijuana hidden inside. After a jury trial, appellant was found guilty of importation of marijuana, and this appeal followed. Appellant argues, on several grounds, that the district court erroneously admitted evidence that he had replated his truck three times over the eleven-month period before his arrest. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

We consider each argument in turn, reviewing the evidentiary ruling of the district court under the traditional abuse of discretion standard. See United States v. Alatorre, 222 F.3d 1098, 1100 (9th Cir.2000). First, appellant argues that the replating evidence was unfairly prejudicial and should have been excluded under Fed. R.Evid. 403. “The district judge is given wide latitude in determining the admissibility of evidence” when making Rule 403 determinations. See United States v. Easter, 66 F.3d 1018, 1021…