Schemenauer

MEMORANDUM *

Louise Irene Schemenauer appeals from her jury conviction for bringing an illegal alien to the United States for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 (Count 1), and bringing an alien to the United States without presentation, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii) (Count 2). Schemenauer denied knowing that there was an illegal alien hiding in the vehicle that she was driving. Over Schemenauer’s standing objection, the government was allowed to introduce the evidence of Schemenauer’s prior arrest for alien smuggling, for the purposes of showing knowledge.

Federal Rule of Evidence 404(b) provides that evidence of “other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity” with that character. However, Rule 404(b) recognizes that such evidence 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).

Where, as here, the contested issue is knowledge, the government must “prove a logical connection between the knowledge gained as a…