Gilbreath

United States v. Gilbreath

Good Law
161 F. App'x 700
United States Court of Appeals for the Ninth CircuitJanuary 11, 2006No. 05-10114California793 words

Opinion

Lead Opinion

MEMORANDUM **

John Andrew Gilbreath (“Gilbreath”) appeals his conviction for being a marijuana user in possession of a firearm, arguing that the district court erred in admitting evidence of a prior arrest involving the discovery of marijuana in Gilbreath’s clothing and erred in denying Gilbreath’s motion to suppress evidence and statements *702 secured during the search of his apartment. 1 We affirm.

In his prior arrest, Gilbreath claimed his possession of the drug to be unknowing, as he also does in this case. He contends that the introduction of this evidence did not meet the admissibility requirements under Federal Rule of Evidence 404(b) and denied him a fair trial. The error, if any, was harmless. See United States v. Edwards, 235 F.3d 1173, 1178-79 (9th Cir.2000) (erroneous evidentiary rulings are reversed only if the “error more likely than not affected the verdict”).

The prosecution presented abundant evidence of Gilbreath’s guilt, including marijuana and drug paraphernalia found in Gilbreath’s bathroom, Gilbreath’s admission that he owned the charged weapons, and Gilbreath’s admission to the agents that the marijuana was his and that he regularly smoked marijuana once…

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