Juneau

United States v. Juneau

Good Law
288 F. App'x 335
United States Court of Appeals for the Ninth CircuitJuly 23, 2008No. 07-30354California918 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Michael Lewis Juneau appeals his conviction for assault with a dangerous weapon and assaulting, resisting, or impeding a federal officer. Juneau also appeals his sentence of fifty-seven months imprisonment and three years supervised release as well as the district court’s order that he pay $3,309.09 in restitution. We affirm.

The district court did not err in permitting testimony concerning gun shots. The evidence was of acts so closely related in character and time to the conduct that formed the basis of the charges against Juneau as to be considered “inextricably intertwined” with the charged offenses. See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012 (9th Cir. 1995). It was therefore not inadmissible evidence of “other crimes” under Federal Rule of Evidence 404. Id.) see also United States v. Warren, 25 F.3d 890, 895 (9th Cir.1994) (holding that “[ojffenses committed in a single criminal episode do not become inadmissible because the defendant is being tried for only some of his acts”). The gunshot testimony was also relevant because it helped explain why the officers did not continue them pursuit of the suspect, and the district court did not…

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