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U.S. v. Malicek

United States Court of Appeals, Ninth Circuit.Page 233
Nov 1, 2010
402 F. App'x 232 (9th Cir. 2010)

Opinion

No. 09-50139.

Submitted October 7, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 1, 2010.

Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Wayne Richard Young, Law Office of Wayne R. Young, Santa Monica, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Central District of California, Alicemarie H. Stotler, Senior District Judge, Presiding. D.C. 8:08-cr-00275-AHS-1.

Before: WAEDLAW and W. FLETCHER, Circuit Judges, and LYNN, District Judge.

The Honorable Barbara M. Lynn, United States District Judge for the Northern District of Texas, sitting by designation.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided bv 9th Cir. R. 36-3.

Vincent Malicek appeals his conviction for armed robbery. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Evidence of Malicek's unemployment, poor financial circumstances, child support arrearages, and failure to pay for drug testing was properly admitted to show a sudden and unexplained change in Malicek's financial circumstances in the days surrounding the robbery. United States v. Mitchell, 172 F.3d 1104, 1109 (9th Cir. 1999); see also United States v. Jackson, 882 F.2d 1444, 1450 (9th Cir. 1989).

AFFIRMED.


Summaries of

U.S. v. Malicek

United States Court of Appeals, Ninth Circuit.Page 233
Nov 1, 2010
402 F. App'x 232 (9th Cir. 2010)
Case details for

U.S. v. Malicek

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Vincent Dean MALICEK…

Court:United States Court of Appeals, Ninth Circuit.Page 233

Date published: Nov 1, 2010

Citations

402 F. App'x 232 (9th Cir. 2010)