Cole

MEMORANDUM **

A jury convicted Defendant-Appellant Aliconn D. Cole on charges of possessing a firearm in violation of 18 U.S.C. § 922 (g)(1) and possessing ammunition in violation of 18 U.S.C. § 924 (a)(2). Cole now appeals these convictions, contending that the district court improperly excluded statements made by his housemate, Cynthia Cruz, at the time of Cole’s arrest. We affirm.

Federal Rule of Evidence 802 explains, “[hjearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress.” Fed.R.Evid. 802. We review a district court’s decision to exclude evidence under this rule for an abuse of discretion. United States v. Shryock, 342 F.3d 948 , 981 (9th Cir.2003); United States v. Bishop, 291 F.3d 1100, 1108 (9th Cir. 2002).

At issue in this case are paraphrased statements Cruz made to police that “she was living in the house, that she had a gun” and “she has a bag and that there is a gun in the bag, that she has a gun in the house.” 1 Cole concedes that the district court properly classified these statements as hearsay under Federal Rule of Evidence 801(c). Rather, he argues…