United States v. Moore, No. 08-4292 (7th Cir. 2011)
Annotate this CaseThe defendant was convicted of conspiracy to sell drugs and being a felon in possession of a firearm. The Seventh Circuit affirmed. Responding to a witness statement that defendant was tired of "BDs," the prosecutor had stated "he was tired of these GDs," and, following "yes," "what are GDs?" The witness responded "that's another gang." The questioning did not amount to prosecutorial misconduct, justifying a mistrial. There was no direct reference to gang ties and any inference of gang affiliation played a minor role in the conviction. Evidence of defendant's prior drug transactions was admissible under Rule 404(b)because it was directed to a matter in issue other than propensity to commit a crime (that defendant was a felon in possession); the other act was similar enough and close enough in time to be relevant; the evidence was sufficient to support finding that defendant committed the similar act; and the probative value was not substantially outweighed by danger of unfair prejudice. Similarly, any prejudice from evidence suggestive of involvement in dog fighting was minor, given that defendant's residence was known as "Murder Avenue." The court properly denied a mistrial based on a juror's encounter with defendant's associates in a restaurant during a lunch break. The encounter did not involve conversation; the juror reported it and indicated that she did not feel intimidated or hold it against the defendant. The court refused to apply the cumulative error doctrine.
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