Sepulveda

MEMORANDUM **

Victor Sanchez Sepulveda appeals the district court’s admission of evidence of his prior conviction and his sentence. Gilberto Maldonado appeals the district court’s admission of evidence that the gun found in his car was stolen. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Sepulveda’s Appeal

The district court did not abuse its discretion when it admitted evidence of Sepulveda’s prior conviction. 1 The evidence was highly probative of the knowledge element of the methamphetamine charge for which he was on trial. 2 The evidence was not unfairly prejudicial be-

cause it was not the kind of inflammatory material that would bias the jury such that it would be unable properly to judge Sepulveda’s “guilt or innocence of the crime charged.”

The district court also did not violate Sepulveda’s Fifth and Sixth Amendment rights when it sentenced him. 4 Following United States v. Booker 5 and 18 U.S.C. § 3553 (a), the district court properly considered the Guidelines’ recommendation, as well as the factors set forth in § 3553(a).

II. Maldonado’s Appeal

We need not decide whether the district court erred when it admitted evidence regarding the…