United States v. White

972 F.2d 590 (5th Cir. 1992)

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Nature of the Case

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Facts

A federal grand jury returned an indictment against Northcutt) charging him with possession of cocaine with intent to distribute and conspiring to commit the same offense in violation of 21 U.S.C. §§ 841(a)(1) and 846. Northcutt agreed to cooperate with the DEA and identified several targets for federal prosecution. One of those targets was Wilson (D). Wilson (D) was a criminal defense attorney practicing in Dallas who handled mostly drug cases. Northcutt asked Wilson (D) to defend him in the cases described above. Northcutt told Wilson (D) that he wanted to hire him but didn't have any cash. Northcutt told Wilson (D) that he had twenty-one kilograms of cocaine stored in a mini-warehouse and asked Wilson (D) for an introduction to one of his clients who might be interested in purchasing the cocaine. White(D), who was both Wilson's (D) client and personal cocaine supplier, left at least nine telephone messages for Wilson (D) during the week following this meeting. Eventually, Wilson (D) agreed to represent him in return for the twenty-one kilos of cocaine. Wilson (D) testified that he thought he had agreed to represent Northcutt in return for one kilo of cocaine and $100,000. Ds were arrested and indicted. During trial Ds sought to invoke Rule 404(b), 405(b), and 406, to introduce evidence of extrinsic offenses committed by Northcutt. They proffered testimony by Northcutt's prior attorney that Northcutt had previously offered to fabricate testimony against an individual in exchange for government leniency in charges pending against him. Ds contend this is admissible under Rule 404(b) to show Northcutt's intent to fabricate evidence in order to gain favorable consideration from the government in his own case. The district court ruled that under Rule 608(b) Ds could elicit the evidence of Northcutt's credibility only on cross-examination of Northcutt, not through an extrinsic source. Ds were convicted and appealed.