United States v. Garcia
United States v. Garcia
Opinion of the Court
MEMORANDUM
We affirm Garcia’s jury trial conviction, and remand his sentence to the district court under the procedure set forth in United States v. Ameline.
The district court did not abuse its discretion
Because the district court properly admitted the “other bad acts” evidence under Rule 404(b), we need not address Garcia’s burden of proof argument with respect to admitting evidence of child molestation under Rule 414.
The district court did not abuse its discretion
The district court did not abuse its discretion
The cumulative impact of the alleged errors does not require reversal of the conviction.
Garcia raises several sentencing issues. In light of the Supreme Court’s decision in United States v. Booker
AFFIRMED in part, and 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.
. United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).
. See United States v. Plancarte-Alvarez, 366 F.3d 1058, 1062 (9th Cir. 2004).
. United States v. Tsinnijinnie, 91 F.3d 1285 (9th Cir. 1996).
. See United States v. Allen, 341 F.3d 870, 891 (9th Cir. 2003).
. See United States v. Steele, 298 F.3d 906, 911 (9th Cir. 2002).
. See United States v. Edwards, 154 F.3d 915, 921 (9th Cir. 1998).
. See id.
. See United States v. Berry, 627 F.2d 193, 201 (9th Cir. 1980).
. United States v. Booker, - U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
. United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.