United States v. Hicks, Jr., No. 09-3608 (7th Cir. 2011)
Annotate this CaseAfter a jury trial, the defendant was sentenced to life imprisonment for distribution of more than 50 grams of crack cocaine. The Seventh Circuit vacated the conviction. The trial court properly dismissed a juror, based on relationship with a witness, and properly admitted into evidence recordings of conversations between the defendant and a confidential informant. The conversations provided context for statements of a party opponent and were not hearsay. Testimony of FBI agents about their personal observations during counter surveillance was properly admitted. The court erred in admitting evidence concerning the defendant's prior conviction for dealing cocaine. The evidence was not used to dispute "mistake" or a claim of entrapment or to establish defendant's intent, accomplice liability, or knowing participation, but to establish propensity. Given the lack of direct evidence, the error affected the defendant's substantial rights.
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