Hankins

United States v. Hankins

Good Law
94 F. App'x 507
United States Court of Appeals for the Ninth CircuitMarch 29, 2004No. 02-10448California1,756 words

Opinion

Lead Opinion

MEMORANDUM *

Jajuane Hankins (“Hankins”) appeals his. conviction for possession of a firearm by a felon in violation of 18 U.S.C. § 922 (g)(1). He challenges the district court’s evidentiary ruling allowing the government to present evidence of a prior bad act relating to a similar offense. We have jurisdiction under 28 U.S.C. § 1291 , and reverse and remand for a new trial.

I

Hankins argues that the district court admitted evidence relating to a prior conviction for attempted possession of a firearm by a felon in violation of Rule 404(b) of the Federal Rules of Evidence. The government contends that evidence relating to Hankins’s prior bad act 2 was admissible under the “knowledge” exception to *509 Rule 404(b). According to the government, Hankins’s involvement in the March 17, 2001 incident showed that Hankins knew about and had access to guns in Ursula Christmas’s closet and that, therefore, he had “control or dominion” over the Ruger handgun. 3 “We review the district court’s decision to admit evidence of a prior bad act under Fed.R.Evid. 404(b) for an abuse of discretion.” United States v. Lewis, 837 F.2d 415, 418 (9th Cir.1988).

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