Galvan-Garcia
United States v. Galvan-Garcia
Opinion
Lead Opinion
MEMORANDUM **
Jesus Galvan-Garcia was convicted following a conditional guilty plea to importa *394 tion of marijuana in violation of 21 U.S.C. §§ 952 and 960. He appeals the district court’s order granting the government’s motion in limine to preclude him from introducing evidence regarding the arrest of the prior owner of the pickup truck, Arnoldo Acedevo-Lopez, on the grounds that such evidence was inadmissible under Federal Rule of Evidence 403 and constituted improper prior bad acts evidence under Rule 404(b). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The “identity” exception to Rule 404(b)’s exclusion of prior bad acts evidence “requires that the characteristics of the other crime or act be ‘sufficiently distinctive to warrant an inference that the person who committed the act also committed the offense at issue.’ ” United States v. Perkins, 937 F.2d 1397, 1400 (9th Cir.1991) (quoting United States v. Andrini, 685 F.2d 1094, 1097 (9th Cir.1982)). Because there is nothing novel or distinct about Acedevo-Lopez’s offense, the district court did not abuse its discretion in excluding the proffered evidence under Rule 404(b).