Askins

MEMORANDUM **

DeWayne Askins appeals his conviction and sentence for possession with intent to distribute cocaine base. 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(iii). We affirm in part and dismiss in part.

(1) Askins first claims that admission of an informant-witness’ statement that he contacted Askins because Askins had been involved in criminal activity requires reversal of his conviction. Askins asserts that was other act evidence covered by Fed.R.Evid. 404(b). We do not agree. The passing allusions were part of the background, which explained why Asians was approached in the first place. See United States v. Beckman, 298 F.3d 788 , 793—94 (9th Cir.2002); United States v. Vizcarra-Martinez, 66 F.3d 1006 , 1012—13 (9th Cir.1995); United States v. Ramirez-Jiminez, 967 F.2d 1321, 1327 (9th Cir.1992); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987); see also United States v. Miller, 327 F.3d 598, 603 (7th Cir.2003); United States v. Richardson, 764 F.2d 1514 , 1521—22 (11th Cir.1985). We do recognize that some caution should be used in this area and that the government could have presented its case without those allusions. See United States v. Hill, 953 F.2d 452 , 457 n. 1…