PER CURIAM.
Alimamy Barrie appeals from his convictions and sentence imposed for wire fraud and aggravated identity theft. He argues that the district court erred in denying his motion in limine to exclude an out of court identification of him by a witness, that the court erred in permitting the Government to admit evidence of Barrie's prior fraud conviction and method of criminal behavior, and that the court erred in calculating the amount of intended loss under the Sentencing Guidelines. Finding no error, we affirm.
Barrie argues that the out of court photo identification that witness Greenfield made was not sufficiently reliable to admit at trial. Barrie contends that Greenfield's testimony was inconsistent, Greenfield did not have sufficient opportunity to observe Barrie at the residence, and that his testimony did not elicit any articulated attention to detail to support the identification, among other contentions.
When considering the denial of a suppression motion, this court reviews de novo the district court's legal conclusions, and reviews its factual findings for clear error.
"[A]dmission of the identification evidence is not error if the evidence was nevertheless reliable under the totality of the circumstances."
We conclude that the district court properly denied Barrie's motion to exclude Greenfield's testimony and identification. Because the Government does not contest the district court's finding that the photo identification was impermissibly suggestive, we proceed directly to the identification's reliability and conclude that the totality of the circumstances demonstrates that witness Greenfield's identification was nevertheless reliable.
Barrie was convicted of a prior offense of conspiracy to commit wire and mail fraud. The Government sought to introduce evidence of the crime because the prior conviction was substantially similar to the charged conduct and was therefore relevant and necessary to establish Barrie's identity as the perpetrator of the present offenses. Barrie contended that the details of the prior fraud conviction were not similar enough to permit inclusion under Federal Rule of Evidence 404(b). This court reviews for abuse of discretion a district court's decision to submit prior bad acts evidence.
Rule 404(b) "prohibits evidence of other crimes, wrongs, or acts solely to prove a defendant's bad character, but such evidence . . . may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident."
Finally, Barrie argues that the district court erred in applying a 16-level sentencing enhancement pursuant to
The mechanics of Barrie's fraud scheme support the district court's determination that the intended loss was over $1,000,000. Barrie admitted to knowing that the Fidelity account held more than $1,000,000, calling it a "treasure" or "paradise." He admitted to ordering the checks for a Wells Fargo account so that he could draw the funds out of the linked account and that he and his associates had multiple ways to drain the account. The prior conviction established Barrie and his associates' method to drain a retirement account and in this case everything was in place to empty the victim's account. The victim fortuitously stopped the first scheduled wire transfer before it occurred. The mechanics of Barrie's fraudulent scheme support the district court's determination that the intended loss was over $1,000,000. We therefore conclude that the district court's determination of intended loss was not clear error.
Accordingly, we affirm the judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.