Espinoza

MEMORANDUM *

Christopher Espinoza appeals his conviction on six counts of conspiracy, possession of marijuana with the intent to distribute, and possession of methamphetamine with the intent to distribute under 18 U.S.C. § 2 and 21 U.S.C. §§ 841 (a)(1), *715 846. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, and reverse and remand in part.

Espinoza first claims the district court abused its discretion in admitting evidence under Federal Rule of Evidence 404(b). Although Espinoza did not contemporaneously object at trial, he filed a motion in limine and renewed his objection at the final pre-trial conference. Because the district court made an “explicit and definitive ruling” at the pre-trial conference “that the evidence [was] admissible,” Espinoza has preserved the issue for appeal. See United States v. Archdale, 229 F.3d 861, 864 (9th Cir.2000).

Since Espinoza preserved his objection, we review the admission of Rule 404(b) evidence under an abuse of discretion standard. See United States v. Arambula-Ruiz, 987 F.2d 599, 602 (9th Cir. 1993). “However, the issue of whether the evidence falls within the scope of Rule 404(b) is reviewed de novo. ” Id. To…