Merriam

MEMORANDUM **

James Merriam appeals from his convictions for conspiracy, securities fraud, and wire fraud in violation of 18 U.S.C. §§ 371 , 1343 (2000) (conspiracy and wire fraud) and 15 U.S.C. §§ 78j, 78f(f) (2000) (securities fraud). Merriam contends that the district court erred by allowing a government expert witness to testify as to Merriam’s state of mind in violation of Fed.R.Evid. 704(b) and by permitting the government to pursue a line of cross-examination which Merriam alleges should have been excluded under Fed.R.Evid. 608(b). Because the district court did not abuse its discretion in making these evidentiary rulings, we affirm the conviction.

Merriam first argues that the district court erred by allowing the government’s expert witness, Halley Milligan, to testify about the typical role of an issuer of stock in a “pump and dump” fraud scheme. Merriam claims that this testimony led the jury to make an inference as to his state of mind in violation of Fed.R.Evid. 704(b).

*842 A district court’s decision to admit expert testimony is reviewed under an abuse of discretion standard. United States v. Gonzales, 307 F.3d 906, 909 (9th Cir.2002); see also United States v.…