United States Fourth Circuit

Conviction of defendant for conspiracy to possess with the intent to distribute cocaine is reversed and remanded where: 1) district court abused its discretion in admitting a DEA agent's testimony as a lay witness under Rule 701, and this error was not harmless; and 2) district court erred in admitting the testimony of a prior, alleged drug customer, under Rule 404(b), and despite the district court's limiting instruction, this error was not harmless.

Appellate Information

• Argued 01/27/2010
• Decided 08/16/2010
• Published 08/16/2010

Judges

• GREGORY

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Clarence Rauch Wise, Jeffrey Mikell Johnson