Hodge

United States v. Hodge

Good Law
49 F. App'x 133
United States Court of Appeals for the Ninth CircuitOctober 11, 2002No. 01-10583; D.C. No. CR-00-00133-RLHCalifornia1,072 words

Opinion

Lead Opinion

MEMORANDUM *

Kenneth E. Hodge appeals from his conviction and sentence for possession of a firearm by a convicted felon. We affirm. Because the parties are familiar with the factual and procedural history in this case, we will not recount it here.

I

The district court did not err by admitting evidence concerning the attempted robbery at Dairy Queen. Because the evidence was relevant to establish context for the charged offense, and the danger of unfair prejudice did not substantially outweigh its probative value, the district court did not abuse its discretion by admitting it. See United States v. Collins, 90 F.3d 1420, 1428-29 (9th Cir.1996) (recognizing the importance of other act evidence for felon-in-possession cases “because of the difficulty that the prosecution would encounter in proving that the defendant possessed a gun and in rebutting his proffered defense without relating the facts surrounding the commission of the crime”); United States v. Vizcarra-Martinez, 66 F.3d 1006, 1013 (9th Cir.1995) (noting that other act evidence is most often admissible in felon-in-possession cases); United States v. Andaverde, 64 F.3d 1305, 1314-15 (9th Cir.1995) (permitting evidence of…

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