Wednesday, February 26, 2014

Evidence of Prior Drug Runs Allowed

U.S. v. Ugalde-Aguilera, 2014 WL 486216 (2/7/14) (N.M.) (unpub'd) - The district court did not abuse its discretion when it allowed evidence of Mr. Ugalde-Aguilera's 3 prior marijuana runs with the testifying snitch. The other deliveries were strikingly similar to the one Mr. Ugalde-Aguilera was charged with and occurred within a year of when he was stopped with the marijuana in this case. They were probative of Mr. Ugalde-Aguilera's knowledge of the marijuana in the truck. And defense counsel opened the door by inexplicably referring to the prior deliveries during opening and crossing the snitch regarding the snitch's purportedly inconsistent statements about the other deliveries as though they were about the events leading to the charge in this case, confusing the jury.