District court’s sentence of defendant to life for distributing cocaine in a controlled buy is vacated and remanded in light of Kimbrough, but his conviction is affirmed where: 1) although the district court erred in admitting evidence of other bad acts under the intricately related doctrine, the evidence was admissible under Rule 404(b), and the prejudice resulting from the government’s broader use of the evidence did not substantially outweigh its probative value; and 2) defendant’s cumulative effects doctrine claim is rejected as he waived his challenge to the aiding and abetting jury instruction.
Read US v. Conner, No. 07-3527
Appeals from the United States District Court for the Western District of Wisconsin
Argued September 15, 2009Decided October 22, 2009
Judges
Before: Williams, Kanne, and Evans, Circuit Judges
Opinion by Kanne, Circuit Judge
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