United States v. Hernandez

106 F.3d 737 (7th Cir. 1997)

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Nature of the Case

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Facts

Appellant was convicted of kidnapping the victim from a parking lot and driving him across the state line. The victim testified that two armed men forced him into a car that appellant then drove to Chicago. During the trial, the court admitted the evidence of D’s prior conviction for the possession of cocaine and marijuana. D objected claiming he was unduly prejudiced by the admission of this conviction. D was convicted and appeals. D points out that the earlier offense was committed when he was in his late 30s and that, although that offense was his first conviction, the jury may have concluded that his troubles with the law began at an earlier date. D claims that the evidence was unduly prejudicial because the offense was committed during his mature years and a jury might well assess more severely criminal behavior that cannot be excused on the ground of immaturity. D points out that the prior conviction was for possession of cocaine and marijuana and that the current charges also were related to drugs because the ransom money was meant to pay back a drug deal. The admission of the similar prior conviction would suggest, he submits, his bad character or a willingness to commit this drug-related kidnapping. D claims that no cautionary instruction was offered and it should have been given.