United States v. Penniegraft, No. 09-4959 (4th Cir. 2011)
Annotate this CaseAppellant was convicted of possession with intent to distribute cocaine base and aiding and abetting; possession of firearms in furtherance of a drug trafficking crime, and being a felon in possession of firearms. At issue was whether the evidence was sufficient to support appellant's convictions; whether the district court erred in admitting Rule 404(b) evidence; and whether the court erred in continuing to poll the jury after one juror indicated that the verdict was not unanimous. The court affirmed the judgment and held that the government presented substantial evidence to support appellant's convictions on all three counts; that appellant's Rule 404(b) argument was without merit where there was no error in admitting the evidence of a prior arrest when the evidence was relevant to prove his knowledge and lack of mistake, as well as necessary to prove the element of intention; and that the district court's continued polling of the jury in this case was not reversible error where there was no objection to the continued polling, the district took great pains to avoid doing anything that the jury would perceive as coercive, and the district court gave a fair and balanced Allen charge when it instructed the jury to deliberate further.
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