United States v. Carter, No. 14-5276 (6th Cir. 2015)
Annotate this CaseThe Steadmans were cooking methamphetamine when it exploded, spraying window glass outward, and setting a fire. Her husband extinguished wife, but then hid the evidence. Carter, also present, immediately fled. A neighbor saw Carter leave and called the fire department. James admitted to the meth cooking. All three were charged with conspiracy to manufacture methamphetamine, 21 U.S.C. 841(a)(1), possession of the precursors used to manufacture methamphetamine, 21 U.S.C. 843(a)(6), and creation of a substantial risk of harm to human life during the manufacture of methamphetamine, 21 U.S.C. 858. The Steadmans entered into plea agreements testified against Carter. Before trial, the prosecutor filed notice under Federal Rule 404(b), of intent to offer codefendant testimony that Carter had previously distributed controlled substances where Carter was employed, arguing that it was relevant to prove opportunity, intent, plan, knowledge, absence of mistake or accident in the charged acts. The district court permitted the testimony. Convicted, Carter was sentenced to 97 months in prison plus restitution for damage to the building. The Sixth Circuit reversed. Carter was not charged with distribution or conspiracy to distribute; but intent to distribute suboxone strips, an entirely different drug, in an unrelated venture is is not probative of a specific intent to join a conspiracy to manufacture methamphetamine. The acts do not involve a similar modus operandi and are not otherwise sufficiently similar to satisfy Rule 404(b)
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