Wilson
United States v. Wilson
Opinion
Lead Opinion
MEMORANDUM ***
Henry Wilson appeals his conviction and sentence for robbery of a letter earner. See 18 U.S.C. § 2114 (a). We affirm in part and dismiss in part.
*942 (1) The district court did not err when it excluded evidence that another person had committed a robbery of a letter carrier at an earlier time. It is true that a defendant may put on evidence that another person committed the crime with which the defendant is charged. See Thomas v. Hubbard, 273 F.3d 1164, 1177 (9th Cir.2001); United States v. Crosby, 75 F.3d 1343, 1347 (9th Cir.1996). That, however, does not mean that a defendant can put on evidence that someone else committed other crimes which share no particularly distinctive characteristics with the crime in question. See United States v. Spencer, 1 F.3d 742, 744-45 (9th Cir.1992); United States v. Perkins, 937 F.2d 1397, 1400-01 (9th Cir.1991). But that is all that the district court excluded here. The district court did not abuse its discretion. See Perkins, 937 F.2d at 1400 .
(2) We will assume that the district court erred when it admitted evidence that Wilson had a pipe that he used to smoke crack cocaine. See United States v. Labansat, 94 F.3d 527,…