Gregory Chandler -- Drug Distribution

In United States v. Cook, 454 F. 3d 938 (8th Cir. 2006), the trial judge in a cocaine distribution case granted the defendant's motion in limine to exclude evidence of four prior drug convictions. The U. S. Court of Appeals for the 8th Circuit affirmed the ruling on interlocutory appeal, using an abuse of discretion standard. The 8th Circuit rejected the government's unsupported suggestion that de novo review is appropriate because the appeal is an interlocutory appeal. The 8th Circuit reasoned that it saw no good reason why the standard of review should differ because the evidentiary ruling was made and appealed before trial.

GREGORY CHANDLER, Attorney at Law