United States v. Shore, No. 12-1089 (8th Cir. 2012)
Annotate this CaseDefendant was found guilty of six counts related to firearms and possession of controlled substances with intent to distribute. After finding that defendant was an armed career criminal under 18 U.S.C. 924(e)(1), the district court sentenced defendant to 322 months' imprisonment. Defendant appealed his convictions and sentence. The court held that the district court did not commit plain error in admitting Rule 404(b) evidence; the district court did not abuse its discretion in failing to strike testimony regarding defendant's unemployment; even if it would have been reasonable for the district court to strike a detective's reference to heroin's comparative dangerousness, the error was harmless; the district court did not abuse its discretion in admitting a challenged statement to show why the officers conducted their investigation in the way they did; and Instruction 20 accurately reflected the law to be applied and there was no abuse of discretion. Accordingly, the court affirmed the convictions and also affirmed defendant's sentences.
Court Description: Criminal case - Criminal law and Sentencing. Testimony in question referred to the charged conduct and an objection that it was improper Rule 404(b) evidence is rejected; no evidence in admitting a previously- undisclosed statement regarding defendant's unemployment as it was cumulative of other evidence; any error in not striking a detective's comments about the danger of heroin was harmless; instruction on intent to distribute accurately reflected the law; district court adequately explained its sentencing decision and its application of the 3553(a) factors; a jury is not required to find the fact of a prior conviction for purposes of application of the Armed Career Criminal Act.
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