Howard

MEMORANDUM *

Wendolen Leonard Howard appeals his jury conviction and sentence for the crime of being a felon in possession of a firearm. See 18 U.S.C. §§ 922 (g)(1) & 924(a)(2). We affirm.

(1) Howard alludes to his claim that he was denied his rights under the Sixth Amendment to the United States Constitution and was also denied his right to equal protection. But he did not submit evidence to support those claims. See Duren v. Missouri, 439 U.S. 357, 364 , 99 S.Ct. 664, 668 , 58 L.Ed.2d 579 (1979); United States v. Bushyhead, 270 F.3d 905 , 909—10 (9th Cir.2001); Thomas v. Borg, 159 F.3d 1147, 1150 (9th Cir.1998). Thus, he has failed to spell out a claim on either Sixth Amendment or equal protection grounds.

(2) Howard also asserts that there was an insufficient foundation that tapes of telephone calls from jail were from him. We disagree. There was ample evidence to sustain a prima facie case that the calls were, indeed, his. Neither their provenance nor the circumstances of their identification undercut their accuracy, authenticity, reliability or trustworthiness to the point that admission was precluded. See Fed.R.Evid. 901; United States v. Plunk, 153 F.3d 1011, 1021, 1023…