Devers

United States v. Devers

Good Law
270 F. App'x 521
United States Court of Appeals for the Ninth CircuitMarch 13, 2008No. 06-10719California620 words

Opinion

lead Opinion

MEMORANDUM **

Kevin Devers appeals his jury conviction of two counts of transportation of a minor for prostitution, in violation of 18 U.S.C. § 2423 (a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3741 , and we affirm.

Devers contends the district court erred in admitting evidence that he smoked marijuana with TW, a minor, and expert testimony that pimps manipulate prostitutes by threatening their families.

Evidence of other unlawful conduct is admissible if it is “inextricably intertwined” with evidence concerning the crime charged. United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987). It may also satisfy the requirements of Fed. R.Evid. 404(b). We have explained that:

United States v. Beckman, 298 F.3d 788, 794 (9th Cir.2002).

Neither drug use nor violence towards prostitutes’ families are elements in the case. See United States v. Williams, 291 F.3d 1180, 1189 (9th Cir.2002). They do not constitute part of the transaction that forms the basis for the criminal charge and are not necessary for a coherent story regarding the crime. Id. The government did not provide any evidence that Devers’s drug use was a method of exerting dominion over TW or that…

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