United States Ninth Circuit

Convictions of importing and possessing marijuana with intent to distribute are affirmed; evidence of a prior marijuana smuggling incident was properly admitted per Federal Rule of Evidence 404(b). Apprendi did not bar the district court from including the quantity of marijuana involved in the prior incident when setting the base offense level, but defendant cannot be resentenced now as he has been deported.

Appellate Information

• Argued 02/06/2004
• Decided 05/11/2004
• Published 05/11/2004

Judges

• DAVID R. THOMPSON, Senior Circuit Judge:, Before: BROWNING, THOMPSON, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Benjamin L. Coleman and Gerald Singleton, San Diego, CA, for the defendant-appellant/cross-appellee., Carol C. Lam, United States Attorney, David P. Curnow, U.S. Attorney (on the brief), Stephen R. Cook, Assistant U.S. Attorney (at oral argument), U.S. Attorney's Office, Criminal Division, San Diego, CA, for the plaintiff-appellee/cross-appellant.