United States of America v. Vincent Dean Malicek

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Barbara M. Lynn, United States District Judge for the
Northern District of Texas, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff- Appellee,
v.
VINCENT DEAN MALICEK,
Defendant-Appellant.
No. 09-50139
D.C. 8:08-cr-00275-AHS-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Alicemarie H. Stotler, Senior District Judge, Presiding
Submitted October 7, 2010**
Pasadena, California
Before: WARDLAW and W. FLETCHER, Circuit Judges, and LYNN, District
Judge.***
FILED
NOV 01 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

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.

-- 2 of 2 --