United States v. Bekric, No. 14-1387 (8th Cir. 2015)
Annotate this CaseTexas officers stopped Bekric while he was driving a semi-tractor pulling a trailer in 2012. The trailer, not owned by Bekric, had a false wall concealing 1,970 pounds of marijuana wrapped in bundles to fit specific voids behind the wall. The government did not prosecute. In 2013, while driving his own semi-tractor pulling his own trailer in Missouri, Bekric exited a highway after seeing signs indicating he was approaching a drug checkpoint. Officers stopped him for a traffic violation. Bekric claimed to have left the highway due to difficulties with his trailer's refrigeration system and that he had documentation of repairs. Conditions on the scene, a functional refrigeration system and documents, did not support Bekric's assertions. During the traffic stop, a drug dog alerted to Bekric's trailer. Officers searched the trailer and discovered 198 pounds of marijuana custom-wrapped in packages to fit specific voids behind a false wall. At trial, the government introduced testimony from an officer involved in the 2012 arrest over Bekric’s objection. The Eighth Circuit affirmed his conviction of possession with intent to distribute 50 kilograms or more of marijuana, 21 U.S.C. 841(a). Evidence of the prior arrest tended to prove knowledge, intent, planning, and modus operandi, and excluded testimony was hearsay.
Court Description: Per Curiam - Before Loken, Melloy and Gruender, Circuit Judges] Criminal case - Criminal law. No error in admitting evidence of a prior arrest that did not result in prosecution as the evidence of the prior arrest tended to prove knowledge, intent, planning and modus operandi; no error in excluding an out-of-court statement as hearsay.
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