Evidence of defendant’s prior conviction for using communication device to facilitate cocaine distribution is properly admitted as evidence of intent

EVIDENCE United States v. Cherry, No. 05-1043, ___ F.3d ___ (10th Cir. Dec. 28, 2005)(Colorado). Appeal of conviction and sentence for possession of crack cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). HELD: Evidence of defendant’s prior conviction for using communication device to facilitate distribution of crack cocaine in violation of 21 U.S.C. § 843(b) was properly admitted in defendant’s trial for possession of crack cocaine with intent to distribute as evidence of intent, not as evidence of propensity to distribute drugs. Evidence of prior conviction was relevant to intent element of instant offense because within context of drug trafficking case, “knowing distribution” of crack cocaine means to “intentionally deliver narcotics to another person.” Read the opinion here.