Chavez-Zarate

MEMORANDUM *

Martin Chavez-Zarate was convicted of conspiring to distribute over 5 kilograms of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He received a life sentence in addition to concurrent 20-year sentences for four counts of money laundering in violation of 18 U.S.C. § 1956 (a). We affirm.

I. Evidentiary Issues

Chavez argues that the jury was prejudiced by evidence that implicated his participation in uncharged criminal activity. We agree with him that some of this evidence is not so “inextricably intertwined” with the underlying offense as to be exempt from the requirements of Rule 404(b). See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012-13 (9th Cir.1995). But even if it was admitted in error, Chavez did not object to the introduction of this evidence, thus limiting us to plain error review. See United States v. Sauza-Martinez, 217 F.3d 754, 759 (9th Cir.2000) (applying plain error review when testimony or evidence was not objected to on grounds argued on appeal). Because Chavez has not shown that it is more probable than not that the jury was substantially swayed by the error, we find that it did not affect his substantive rights. See United…