United States v. Lonnie Lillard

Appellant Lonnie Lillard appeals his jury conviction and sentence for conspiracy to possess and distribute cocaine in violation of 21 U.S.C. § 846 . Lillard argues that his conviction should be reversed for three reasons: (1) the trial court abused its discretion by admitting character evi dence in violation of Fed.R.Evid. 404(b) and 403; (2) the trial court committed plain error by failing to give an alibi instruction to the jury; and (3) he was denied effective assistance of counsel because his trial attorney failed to call available alibi witnesses. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

STANDARDS OF REVIEW

This court applies de novo review to the questions of whether particular evidence falls within the scope of a rule of evidence, United States v. Smith, 282 F.3d 758, 768 (9th Cir.2002), and whether evidence is relevant to the conduct charged in the indictment or only to other acts, United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989). The district court’s decision to admit or exclude evidence is reviewed for abuse of discretion. United States v. Danielson, 325 F.3d 1054, 1075 (9th Cir.2003) (Fed.R.Evid.404(b)); United States v. Gonzalez-Torres,…