United States v. Enrique Abarca, No. 22-1643 (8th Cir. 2023)
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A jury convicted Defendant of conspiracy to distribute 500 grams or more of methamphetamine with two prior serious drug felonies. The district court sentenced him to 324 months in prison. Defendant appealed, arguing that the district court erred in admitting Rule 404(b) testimony from a man who was not involved in the charged conspiracy but began selling meth with Defendant three months after the conspiracy ended.
The Eighth Circuit affirmed. The court explained that the government failed to give the notice required under Fed. R. Evid. 404(b)(3). But under a plain error standard of review, the error did not affect Defendant’s substantial rights. The evidence of his participation in the conspiracy was robust. And, as he concedes, many witnesses had already testified about his drug connections to California.
Further, Defendant argued the testimony, particularly about him exchanging guns for drugs, was unduly prejudicial because it “changed a non-violent, alleged conspiracy into a hyper-violent one.” However, the court held that the evidence, particularly with the court’s limiting instruction, was not unduly prejudicial. Moreover, four cooperating witnesses and co-conspirators testified that Defendant brought and shipped meth into Nebraska for redistribution. Their testimony was further corroborated by a package (intercepted by law enforcement) with about five pounds of meth; Postal Service records of packages sent; records of wire transfers sent to California; phone records; and records of drug sales kept by a cooperating witness. Accordingly, there was sufficient evidence to support the verdict.
Court Description: [Benton, Author, with Kelly and Erickson, Circuit Judges] Criminal case - Criminal law. While the government failed to provide the notice of a witness's testimony required under Fed. R. Evid. 403(b)(3)(B), the error did not affect defendant's substantial rights, given the other evidence of his participation in the conspiracy; the testimony was admissible under Rule 404(b)(2); evidence was sufficient to support defendant's conviction for conspiracy to distribute methamphetamine.
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