United States v. Proto, No. 22-3424 (8th Cir. 2024)
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In the case before the United States Court of Appeals for the Eighth Circuit, William Howard Proto, Jr., appealed his conviction on drug trafficking and firearms charges. Proto's appeal was based on the contention that the trial court erred in admitting evidence of his prior arrest and conviction under Federal Rule of Evidence 404(b), which prohibits the use of a defendant’s prior act to prove his character in order to show that on a particular occasion he acted in accordance with the character. However, the rule permits such evidence for proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
The case originated from two incidents in 2021 where Proto was found in possession of drugs, firearms, and a large amount of cash. Proto's prior conviction in 2016 was for a similar offense, where he was found in possession of a firearm and methamphetamine.
The Court of Appeals upheld the trial court's ruling, finding that the district court did not abuse its discretion in admitting the 404(b) evidence. The Court reasoned that the evidence of Proto's prior conviction was relevant to a material issue at trial, was similar in kind and not overly remote in time to the crime charged, was supported by sufficient evidence, and its probative value was not substantially outweighed by its prejudicial effect. The Court also noted that the trial court gave a limiting instruction to the jury on the proper use of the evidence, and dismissed Proto's argument that such instructions are ineffective, citing Supreme Court precedent. The Court affirmed the trial court's judgment.
Court Description: [Colloton, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Criminal case - Criminal law. In this prosecution for drug and gun charges, the district court did not abuse its discretion in admitting evidence under Rule 404(b) concerning defendant's prior arrest and conviction for unlawful possession of a firearm as a felon; the court gave a proper limiting instruction that mitigated any risk the jury would misuse the evidence.
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