United States v. Tou Fang, No. 16-1322 (8th Cir. 2016)
Annotate this CaseDefendant was convicted of intent to distribute methamphetamine and was sentenced to 110 months in prison. The court affirmed the denial of defendant's motion for judgment of acquittal where a reasonable jury could find that the evidence was sufficient to support the conviction. The court also concluded that the district court did not err by permitting the government to introduce into evidence defendant's prior felony drug convictions under Federal Rule of Evidence 404(b) because the prior convictions were relevant, were not too remote, and did not unfairly prejudice defendant. Furthermore, the district court gave a limiting instruction which likely reduced any possible prejudice. Accordingly, the court affirmed the judgment.
Court Description: Smith, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for possession of methamphetamine with intent to distribute; no error in admitting evidence of past felony drug convictions as they were relevant to proving knowledge, were not too remote in time, and the evidence was not unfairly prejudicial; additionally, the district court gave a limiting instruction which likely reduced any possible prejudice.
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