United States v. Maiben
Opinion of the Court
MEMORANDUM
A jury convicted Oliver Maiben and Aniefiok James of numerous counts of conspiracy, loan fraud, mail fraud, and wire fraud. Maiben asserts that the district court erred by permitting the Government to introduce evidence at trial of his prior felony conviction. In addition, Defendants appeal various aspects of their resulting sentences. We have jurisdiction under 28 U.S.C. § 1291, and we affirm the district court’s admission of Maiben’s prior conviction. In light of the Supreme Court’s decision in United States v. Booker
The district court did not abuse its discretion
We review the sentencing issues Defendants raise on appeal for plain error.
Conviction AFFIRMED; Sentence REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
. 2005 WL 1291977 (9th Cir. June 1, 2005) (en banc).
. See United States v. Williams, 291 F.3d 1180, 1189 (9th Cir. 2002); United States v. Murillo, 288 F.3d 1126, 1139 (9th Cir. 2002).
. See Squaw Valley Dev. Co. v. Goldberg, 395 F.3d 1062, 1063-64 (9th Cir. 2005). Even if Maiben had not waived the issue, the district court did not abuse its discretion by allowing the Government to introduce the evidence. The prior conviction helped to prove the material issue of Maiben’s intentional use of the alias Roland Lockhart, it was similar to the charges at hand, and it was not too remote in time. See Fed.R.Evid. 404(b).
. See Fed.R.Evid. 403.
. Ameline, 409 F.3d at 1078.
. Booker, 125 S.Ct. at 764-65.
. See Ameline, 409 F.3d at 1084.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Oliver MAIBEN, aka Seal C, aka Roland Lockhart, aka Stanley Richardson, and Aniefiok James, aka Kelvin James Joseph Asanti and James Aniefiok, Defendants—Appellants
- Cited By
- 1 case
- Status
- Published