United States v. Boling, No. 09-3479 (7th Cir. 2011)
Annotate this CaseThe Seventh Circuit affirmed defendant's conviction of possession with the intent to distribute less than five grams of a mixture or substance containing cocaine base and two counts of distributing less than five grams of a mixture or substance containing cocaine base and his above-guidelines sentence of 180 months incarceration. The district court acted within its discretion in admitting evidence of defendant's 2005 conviction for cocaine possession; there was no unfair prejudice and the 2005 conviction was sufficiently similar to the charged offense to be relevant. The court properly admitted, with an appropriate limiting instruction, evidence of the crimes that had led a police officer-witness to believe defendant was eligible for a career offender sentencing enhancement. The use of the term "career offender" did not violate his substantive rights.
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