United States v. John Brosnan

MEMORANDUM

John Brosnan appeals from his jury conviction for four counts of wire fraud, one count of obstruction of justice, three counts of perjury, and one count of aggravated identity theft. We affirm. Because the parties are familiar with the factual history of this case, we need not recount it here.

I

The district court did not abuse its discretion by admitting prior act evidence. Evidence of other acts may be admitted under Federal Rule of Evidence 404(b) if “(1) the evidence tends to prove a material point; (2) the prior act is not too remote in time; (3) the evidence is sufficient to support a finding that [the] defendant committed the other act; and (4) ... the act is similar to the offense charged.” United States v. Mayans, 17 F.3d 1174, 1181 (9th Cir.1994).

The district court did not abuse its discretion in concluding that evidence of Brosnan’s actions in a prior civil lawsuit was admissible because it tended to prove that Brosnan had knowingly and intentionally fabricated documents to defraud the court. The events in the prior lawsuit were similar to and not too remote from the offenses alleged in this case. The evidence was also sufficient to support a finding…