United States Fifth Circuit

Defendant's conviction for conspiracy to possess with intent to distribute heroin resulting in serious bodily injury is affirmed over a claim that certain evidence was improperly admitted where: 1) defendant's prior conviction was relevant to show intent because both the extrinsic offense and the charged offense involved an intent to distribute; and 2) a prior arrest for heroin possession was relevant to show that defendant had the requisite intent for the crime charged.

Appellate Information

• Decided 11/06/2009
• Published 11/09/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before KING, GARZA and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Tracey M. Batson, Asst. U.S. Atty., Plano, TX, for Plaintiff-Appellee., John W. Hopping, Dallas, TX, for Defendant-Appellant.