Beltran

United States v. Beltran

Good Law
208 F. App'x 534
United States Court of Appeals for the Ninth CircuitNovember 28, 2006No. 05-50581California418 words

Opinion

Lead Opinion

MEMORANDUM **

The facts and procedural posture of the case are known to the parties, and we do *536 not repeat them here. On appeal, Appellant Remberto Beltran (“Appellant”) argues that the district court committed two evidentiary errors at trial that warrant reversal of his conviction for conspiracy to distribute more than 50 grams of methamphetamine in violation of 21 U.S.C. § 846 , and for distribution of methamphetamine in violation of 21 U.S.C. § 841 (a)(1).

First, Appellant asserts that the district court erred in allowing the prosecution to present evidence of his brother’s arrest for transporting to Appellant’s customers 10 pounds of methamphetamine owned by Appellant. We review the district court’s admission of “other acts” evidence under Federal Rule of Evidence 404(b) for an abuse of discretion. See United States v. Romero, 282 F.3d 683, 688 (9th Cir.2002). Because the evidence of Appellant’s brother’s arrest — and Appellant’s own involvement as drug owner and distributor — 1) is sufficiently supported, 2) is not overly remote, 3) involves similar conduct, and 4) tends to prove a material element of the crime, see United States v. Arambula-Ruiz, 987 F.2d 599, 602-04…

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