Lona

United States v. Lona

Good Law
203 F. App'x 29
United States Court of Appeals for the Ninth CircuitSeptember 29, 2006No. 05-50231California412 words

Opinion

Lead Opinion

MEMORANDUM *

Edward Lona appeals his jury convictions for conspiracy to possess methamphetamine with intent to distribute, possession with intent to distribute methamphetamine, and possession with intent to distribute cocaine. Lona bases his appeal on the admission of his prior convictions, the exclusion of prior convictions of the government’s informant, and improper vouching by the prosecutor during rebuttal. The facts and prior proceedings are repeated herein only as necessary.

First, we are satisfied that the district court properly admitted appellant’s 1992 and 1995 drug convictions for the purpose of showing knowledge or intent. See Fed.R.Evid. 404(b); see also United States v. Vo, 413 F.3d 1010, 1018 (9th Cir.2005); United States v. Schmidt, 947 F.2d 362, 367 (9th Cir.1991). In particular, this evidence was admissible to rebut Lona’s assertion that he intended to distribute marijuana but not methamphetamines, and to explain the coded language used by Lona and the informant. The probative and prejudicial effects of the evidence were correctly analyzed by the district court. See Fed.R.Evid. 403; see also United States v. Martinez, 182 F.3d 1107, 1112 (9th Cir.1999) (“A…

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