Chester

*600 MEMORANDUM *

Carl- Chester was convicted of three counts of possession with intent to distribute and distribution of a controlled substance (cocaine base) in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(iii). The district court sentenced him to twenty-two years imprisonment. Chester now appeals his conviction and sentence.

(1)

The district court’s allowance of the informant’s testimony regarding Chester’s prior drug activity was not an abuse of discretion under Rule 404(b) of the Federal Rules of Evidence. See United States v. Ayers, 924 F.2d 1468, 1473 (9th Cir.1991). The evidence tended to prove knowledge and intent, material points in issue, United States v. Romero, 282 F.3d 683, 688 (9th Cir.2002), the evidence was not too remote in time, United States v. Rude, 88 F.3d 1538, 1550 (9th Cir.1996), and the evidence meets “the low threshold of the third prong of our Rule 404(b) test,” as there was sufficient proof of the prior acts at issue. Romero, 282 F.3d at 688 . The probative value of the evidence was not outweighed by any prejudicial effect, especially in light of the district court’s limiting instructions. See United States v. Hollis, 490 F.3d 1149, 1153 (9th…