Fontenette

MEMORANDUM **

Marvin E. Fontenette, Jr., appeals his conviction after a jury trial for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Fontenette brings two related challenges.

*814 Fontenette’s first challenge is primarily brought under Federal Rule of Evidence 403, but the premise of his argument is that evidence of an assault that he allegedly committed while in possession of the firearm in question is “other act” evidence subject to the restrictions of Federal Rule of Evidence 404(b). We review the district court’s decisions regarding admissibility for an abuse of discretion, but we review de novo the legal question of whether evidence is within the scope of Rule 404(b). United States v. Williams, 291 F.3d 1180, 1189 (9th Cir.2002) (per curiam). We conclude that the evidence of the alleged assault was not “other act” evidence within the scope of Rule 404(b) because the assault was inextricably intertwined with Fontenette’s possession of the firearm. United States v. Daly, 974 F.2d 1215, 1217 (9th Cir.1992) (per curiam). Although the assault was not necessary to prove Fontenette’s possession of the firearm, the assault and the possession were…