Vogel

MEMORANDUM **

Howard Vogel (‘Vogel”) appeals his conviction of conspiracy to launder monetary instruments and fourteen counts of money laundering, arguing that the district court abused its discretion in the admission of evidence. Finding no abuse of discretion or legal error, we affirm.

There was no abuse of discretion in admitting Vogel’s statement to co-conspirator Steven Ableman that Vogel had been convicted of drug trafficking, imprisoned, and disbarred from legal practice. Able-man testified that Vogel’s statement served as “a positive reference” to him. The district court admitted this evidence “for the limited purpose of explaining the state of mind of both the defendant and Mr. Ableman as they relate to the formation of the conspiracy,” and instructed the jury to consider the evidence for this purpose only — specifically not for the truth of the statement. While this testimony constitutes other acts evidence under Federal Rule of Evidence 404(b), the district court’s limiting instruction made it clear that the testimony was offered for a purpose other than showing conformity with prior behavior, namely to show the initial formation of the conspiracy, and how Vogel…