District court’s conviction of defendant for drug conspiracy is affirmed where: 1) defendant’s Rule 404(b) argument fails because identity was the sole issue at trial and the evidence regarding the Texas drug transaction was highly probative on that issue; 2) defendant’s due process challenge to a witness’ identification testimony is rejected because the identification was sufficiently reliable under the circumstances of the case; and 3) defendant’s Sixth Amendment right to counsel was not violated as the post-indictment, uncounseled identification did not occur during a critical stage of the criminal proceedings under Wade and Ash.
Read US v. Gallo-Moreno, No. 06-1696
Appeals from the United States District Court for the Northern District of Illinois, Eastern Division
Argued November 3, 2009Decided October 19, 2009
Judges
Before: Kanne, Evans, and Sykes, Circuit Judges
Opinion by Sykes, Circuit Judge
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