Munoz-Munoz

MEMORANDUM ***

Santiago Munoz-Munoz appeals his conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 , and criminal forfeiture, in violation of 21 U.S.C. § 853 . He raises two issues on appeal. First, he argues that the district court improperly admitted evidence of his prior conviction for distribution of methamphetamine. We review this issue for abuse of discretion. United States v. Howell, 231 F.3d 615, 628 (9th Cir .2000).

A prior conviction is admissible to show “proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident....” Fed. R.Evid. 404(b). Evidence of the conviction can still be excluded, however, if its probative value is substantially outweighed by the danger of unfair prejudice. Fed.R.Evid. 403. In the present case, Munoz-Munoz’s prior methamphetamine conviction was relevant to establish his knowledge and absence of mistake for his current methamphetamine charges. The prior conviction helps to demonstrate that Munoz-Munoz knew how to manufacture methamphetamine and did not…