United States v. Gutierrez-Ramirez

The Eighth Circuit affirmed defendant's conviction for knowingly possessing with the intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine. The court held that there was no error in admitting bad act evidence under Federal Rule of Evidence 404(b), because the evidence of the prior law enforcement in Arizona was relevant to the material issue of knowledge and intent and was similar in kind to the offense in this case. Furthermore, the potential prejudice outweighed its probative value, and the district court gave an appropriate limiting instruction.The court also held that the district court did not plainly err in permitting a police officer to testify on drug dealing practices. The government offered the testimony to rebut the "unknown courier defense," and the officer testified that it was highly unlikely a drug dealer/trafficker would entrust someone ignorant of their responsibility for a very valuable shipment. View "United States v. Gutierrez-Ramirez" on Justia Law