United States Third Circuit

Defendant's convictions for threatening federal officers with a gun and a related gun charge, and his entire sentence, are vacated and remanded, where the district court erred in admitting evidence of defendant's drug distribution, which took place two years before the incident for which he was on trial, because: 1) the evidence of the 2008 drug sale did not have a proper Evidence Rule 404(b) purpose; 2) the district court erred in its balancing of the prejudicial nature of the evidence against its probative value; and 3) the error was not harmless.

Appellate Information

• Decided 08/06/2013
• Published 08/06/2013

Judges

• FUENTES

Court

• United States Third Circuit

Counsel