Gil-Garcia
United States v. Gil-Garcia
Opinion
Lead Opinion
MEMORANDUM *
Azalia Gil-Garcia appeals her convictions for possessing with intent to distribute and importing marijuana in violation of 21 U.S.C. §§ 952 , 960, and 841. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
At trial, Gil-Garcia denied knowing that there was marijuana in the car she drove from Mexico into the United States. She was paid $500 to drive that car. The prior conduct, admitted into evidence at her trial, occurred two weeks earlier and involved *249 her being paid $500 to ride as a passenger in a car that entered the United States from Mexico. That car also contained marijuana.
Gil-Gareia’s prior conduct tended to prove that she knew at the time of the present incident that there was marijuana in the car she was driving; her prior conduct took place just two weeks earlier; that conduct was confirmed by her own statements and a notebook found at the scene; and the conduct similarly involved being paid $500 in connection with the importation of marijuana by car from Mexico into the United States. The evidence of the prior conduct was properly admitted under Federal Rule of Evidence 404(b). See United States v. Castillo, 181 F.3d 1129, 1134-35 (9th…