United States Sixth Circuit

A conviction and sentence for conspiracy to distribute cocaine is vacated where defendant was entitled to a remand for retrial due to the likely prejudice of the district court's erroneously admitting evidence of the criminal histories of defendant's acquaintances, and permitting dual fact and expert witness testimony without a cautionary instruction to the jury.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• Before:  MOORE, COLE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alfred S. Donau III, Donau & Bolt, Tucson, Arizona, for Appellant.  Vijay Shanker, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Alfred S. Donau III, Donau & Bolt, Tucson, Arizona, for Appellant.  Vijay Shanker, United States Department of Justice, Washington, D.C., Sunny A. Koshy, Assistant United States Attorney, Nashville, Tennessee, for Appellee.