United States v. Bates

MEMORANDUM *

Clifford Johnny Bates appeals from his jury conviction and sentence for importing a controlled substance in violation of 21 U.S.C. §§ 952 and 960 and possessing a controlled substance with intent to distribute in violation of 21 U.S.C. § 841 . He argues that his conviction was based on the admission of “other crimes” evidence. He also complains of the delayed disclosure of an investigative report during trial and alleges error in his sentence. We affirm in part and remand for a limited purpose.

Bates challenges the admission of testimony about his prior involvement in smuggling contraband across the border. He argues that such testimony was introduced solely to prove his propensity to smuggle, a purpose forbidden by Rule 404(b). We review de novo whether the evidence falls within the scope of “other crimes” under Rule 404(b), but we review the decision to admit evidence for abuse of discretion. United States v. Jackson, 84 F.3d 1154, 1158-59 (9th Cir.1996).

Under Rule 404(b), evidence of a person’s other crimes, wrongs, or acts may not be admitted if it is intended solely to prove that the person’s conduct during the charged incident is in conformity with his…