United States v. Gregory Anthony Rendon-Duarte

AMENDED OPINION

Gregory Anthony Rendon-Duarte (Ren-don-Duarte) was sentenced to 70 months’ imprisonment and 36 months’ supervised release after a jury convicted him of one count of being a felon in possession of two firearms, in violation of 18 U.S.C. §§ 922 (g)(1) & 924(a)(2). On appeal, he challenges the district court’s admission of evidence under Federal Rule of Evidence 404(b) of two prior incidents of gun possession to prove intent, knowledge and lack of mistake. He also challenges the district court’s finding that his prior Alaska state court conviction of Assault in the Third Degree qualifies as a “crime of violence” under the Sentencing Guidelines. We affirm.

FACTUAL AND PROCEDURAL HISTORY

On September 1, 2005, Anchorage police officers observed Rendon-Duarte purchase what they thought was a handgun from Dwayne Dollison, Jr. (Dollison). The officers then observed Rendon-Duarte return to the passenger seat of his vehicle, lean over in the area of the passenger seat, and appear to move something on the floor. A few minutes later police stopped the vehicle, which was being driven by Jonel Fergerson, Rendon-Duarte’s girlfriend. Police arrested Rendon-Duarte and, pursuant…