United States v. Skipper

74 F.3d 608 (1996)

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Nature of the Case

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Facts

A sheriff noticed a Nissan automobile changing lanes erratically. As the car was pulled over, the officers observed a small plastic bag fly from the driver's side of the car. D, the driver, and owner of the Nissan, exited his car and approached the police car. D was immediately placed under arrest. A passenger, Jerome Cutright, was also seated in the car. The officer then drove to retrieve the bag from the side of the road. The bag contained 2.89 grams of crack cocaine. A straightedge razor was also found between the front two seats. At trial, pursuant to Federal Rule of Evidence 404(b), the district court admitted into evidence two state court convictions for crimes allegedly committed by D. The jury convicted D of possession of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). D challenges the sufficiency of the evidence.