Gonzalez
United States v. Gonzalez
Opinion
Lead Opinion
MEMORANDUM *
Antonio Gonzalez appeals his conviction for four violations of 18 U.S.C. § 924 (a)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Gonzalez argues that evidence tending to show that he was a “straw man” purchaser of weapons was incorrectly admitted. Evidence as to Gonzalez’s companions, his shopping style, the weapons acquired, their status as collectibles, the amounts paid, and the use of cash were all sufficiently intertwined with the crimes charged so as to avoid scrutiny under Federal Rule of Evidence 404(b). See United States v. Matthews, 240 F.3d 806, 816-17 (9th Cir.2001), overruled on other issues by 278 F.3d 880 (9th Cir.2002) (en banc); United States v. Rrapi, 175 F.3d 742, 748-50 (9th Cir.1999). While the testimony concerning Gonzalez’s failure to file a theft report, inability to provide identifying details about his companions, and his lack of knowledge about collecting is subject to Rule 404(b), it was admissible since it served purposes other than character propensity. The lack of a theft report was probative of the possibility that Gonzalez *702 had never stored the guns at his parents’ home because he did not really live…