United States v. Highsmith
United States v. Highsmith
Opinion of the Court
MEMORANDUM
We have jurisdiction pursuant to 28 U. S.C. § 1291, and we affirm on all but one issue. That issue, which involves a sentence enhancement based upon the district court’s finding that Highsmith was in constructive possession of a firearm, is addressed in a published opinion. Because the parties are familiar with the facts, we do not recount them here.
The district court also did not err by admitting the evidence of drug-related activity about which Highsmith complains he received no Rule 404(b) notice. The drug-related activity in question occurred during the time period listed in the indictment — it was part of the charges against Highsmith. Thus, it was not an “other crime, wrong, or act” covered by Federal Rule of Evidence 404(b) and the notice requirements of that rule did not apply.
The district court did not abuse its discretion
We do not reach the merits of Highsmith’s claim under the Jencks Act because Highsmith did not move for production of Agent Williams’ notes after the Agent’s testimony.
The district court did not clearly err
AFFIRMED on all but one issue which is addressed in a separate opinion.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. See United States v. Wright, 215 F.3d 1020, 1025 (9th Cir. 2000) (citing Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).
. See United States v. Sarkisian, 197 F.3d 966, 981 (9th Cir. 1999).
. See United States v. Castillo, 181 F.3d 1129, 1132 (9th Cir. 1999).
. See United States v. Gilbert, 57 F.3d 709, 711-12 (9th Cir. 1995).
. Id. at 712 (describing the impeachment testimony of live witnesses).
. See United States v. Hanna, 55 F.3d 1456, 1459 (9th Cir. 1995).
. See United States v. Parker, 241 F.3d 1114, 1119 (9th Cir. 2001).
. See United States v. Maldonado, 215 F.3d 1046, 1051 (9th Cir. 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.