Professional Documents
Culture Documents
No. 08-4239
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Lacy H. Thornburg,
District Judge. (1:07-cr-00056-LHT-1)
Submitted:
Decided:
PER CURIAM:
Reginald Dewayne Jeffries appeals from his convictions
for possession with intent to distribute cocaine, in violation
of 21 U.S.C. 841(a)(1) (2006), and possession of a firearm by
a felon, in violation of 18 U.S.C. 922(g)(1) (2006).
Jeffries
regarding
his
previous
possession
of
narcotics,
as
evidence he was banned from the public housing complex where the
relevant
events
occurred
should
not
have
been
admitted.
Four conditions
must be met before this court will notice plain error: (1) there
must be error; (2) it must be plain under current law; (3) it
must affect substantial rights, typically meaning the defendant
2
proceedings;
fairness,
and
(4)
integrity,
or
proceedings.
error
public
seriously
reputation
affected
of
the
judicial
Id. at 732-37.
Evidence
demonstrate
the
bad
of
other
character
acts
or
is
criminal
not
admissible
propensity,
but
to
such
accident.
Rule 404(b) is an
Id. at
994-95; United States v. Rawle, 845 F.2d 1244, 1247 (4th Cir.
1988).
to
prove
an
element
of
the
crime
charged;
(3)
Queen, 132
F.3d at 997.
Jeffries first contention is the evidence regarding
the public housing ban against him was not relevant to any of
the elements of the charged offenses, was not reliable due to a
lack
of
evidence
regarding
the
3
underlying
offenses,
and
was
unduly prejudicial.
as
the
Government
is
permitted
to
provide
context
F.3d 658, 663 (4th Cir. 2007); Queen, 132 F.3d at 997.
During
Cir.
1995).
Because
such
evidence
was
necessary
to
failed
prejudice
to
as
demonstrate
result,
the
that
he
district
was
subject
court
did
to
not
unfair
err
in
cocaine.
However,
evidence
of
this
prior
drug
narcotics
in
March
2007.
4
See
United
States
v.
Branch,
States
537
v.
Furthermore,
F.3d
328,
341-42
(4th
Hodge,
354
F.3d
305,
while
the
previous
Cir.
2008)
(citing
United
(4th
Cir.
2004)).
involved
311-12
offense
completed
to distribute.
Accordingly, such
his
arrests
on
March
17
and
18,
2007,
was
not
not
possess
or
discard
any
cocaine
on
March
27,
2007.
to
assuming
Rule
404(b),
this
evidence
Jeffries
has
was
not
admissible
failed
to
demonstrate
See
the
Government
See id.
provided
Finally, as explained
substantial
and
convincing
to
distribute.
See
Branch,
537
F.3d
at
342;
considerable
evidence
of
Jeffries
guilt,
United
In light of
any
prejudice
cocaine.
challenged
for
This
sufficiency
court
of
must
the
affirm
evidence
if,
conviction
viewing
the
the
crime
beyond
reasonable
doubt.
Glasser
v.
United
862-63
conviction
burden,
(4th
for
Cir.
1996).
sufficiency
of
A
the
defendant
evidence
challenging
bears
heavy
An
from
established.
the
facts
proven
to
those
sought
to
be
and
circumstantial
conviction.
First,
evidence
Jeffries
prior
to
support
sale
of
Jeffries
narcotics
to
an
341-42.
recovered,
Furthermore,
as
constituted
well
as
additional
the
substantial
Jeffries
quantity
possession
circumstantial
of
evidence
of
drugs
handgun,
of
his
Finally, while
did
not
consider
his
testimony
to
be
credible.
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED