Gutierrez-Castro
United States v. Gutierrez-Castro
Opinion
Lead Opinion
MEMORANDUM **
The relevant facts are known to the parties and we do not repeat them here, except as necessary to explain our decision.
The district court did not err by admitting evidence of Gutierrez-Castro’s prior border crossings and corresponding cell phone calls to an unindicted co-conspirator because this evidence supported the overt acts of the charged conspiracy. Because the calls and border crossings were inextricably intertwined with the conspiracy charge, the evidence is not subject to Federal Rule of Evidence 404(b). See United States v. Vega, 188 F.3d 1150 , 1154 n. 3 (9th Cir.1999). Likewise, the district court was correct in ruling that border crossing records are admissible as public *301 records. See United States v. Orozco, 590 F.2d 789, 793 (9th Cir.1979).
Gutierrez-Castro’s receipt for a cell phone purchase was admissible as an adoptive admission. A document can be admitted for the truth of its contents when surrounding circumstances tie the possessor and the document together in some meaningful way. See United States v. Ospina, 739 F.2d 448, 451 (9th Cir.1984). The receipt described Gutierrez-Castro’s cell phone — from which she made and received numerous…