Pilgrim

MEMORANDUM **

Defendant Kathleen Elizabeth Pilgrim appeals her conviction for importation of cocaine, 21 U.S.C. §§ 952 , 960, and possession of cocaine with intent to distribute, 21 U.S.C. § 841 (a)(1). She also appeals her within-Guidelines sentence of 168 months of imprisonment. We affirm. .

1. The district court did not err by permitting the government to introduce evidence of Defendant’s prior act. See United States v. Rubio-Villareal, 927 F.2d 1495, 1502-03 (9th Cir.1991) (reviewing de novo whether evidence comes within the scope of Federal Rule of Evidence 404(b) and reviewing for abuse of discretion the district court’s ruling on admissibility of prior acts under Rule 404(b), vacated in part, 967 F.2d 294 (9th Cir.1992) (en banc)). Defendant argues that the evidence served only to show her propensity to commit drug-related crimes in violation of Rule 404(a). We disagree. The evidence came within the scope of Rule 404(b) to show Defendant’s knowledge and absence of mistake; indeed, her theory of defense was lack of knowledge.

Defendant also argues that the pri- or act was not similar enough to the charged crime to be probative of her knowledge or absence of mistake.…