Trumbauer

MEMORANDUM *

James Trumbauer appeals his conviction for conspiracy to possess ecstasy with intent to distribute in violation of 21 U.S.C. § 846 and for possession with intent to distribute ecstasy in violation of 21 U.S.C. § 841 (a)(1). Trumbauer challenges the district court’s admission of the testimony of Patrick Matsuda as rebuttal evidence and the district court’s refusal to allow the defense to reopen its case in order to offer the testimony of Delores Shellhammer. The facts and prior proceedings are known to the parties and are repeated herein only as necessary.

I

The district court did not abuse its discretion in admitting Matsuda’s testimony to prove motive, intent, and absence of mistake. Character evidence that is inadmissible to prove propensity may be admissible “for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” Fed.R.Evid. 404(b); see also United States v. Hadley, 918 F.2d 848, 850 (9th Cir.1990). The evidence here was relevant and material to the case, as knowledge and specific intent are respective elements of conspiracy and of possession of ecstasy with intent to…