Tuesday, May 17, 2011

Gregory Chandler - U. S. v. Garcia

In United States v. Garcia, 567 F. 3d 721 (5th Cir. 2009) the 5th Circuit affirmed marijuana trafficking and conspiracy convictions, finding no plain error in the admission of evidence regarding one defendant's cocaine trafficking and use, as it was relevant to issues of intent and knowledge. The Court also found no plain error in the trial judge's failure to instruct the jury on the limited purpose for which the evidence was admitted, commenting that "[f]or trials to function effectively, parties themselves must play an active role in creating the jury charge; the inclusion of 404(b) instructions is no exception."


GREGORY CHANDLER, Attorney at Law

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