00-2249 U.S. v. Reed

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“The evidence Terry sought to have admitted at his trial demonstrating that his brother, Richard, manufactured methamphetamine on multiple occasions fits into this category of ‘reverse 404(b)’ evidence. Thus, the question we must decide is whether the testimony of the three witnesses, which indicated that Richard had manufactured methamphetamine at the Johnsons’ residence in early April and at his own apartment in the middle of May 1999, tends to negate the evidence that Terry had manufactured methamphetamine around June 10, 1999. The district court answered this question in the negative, concluding that this evidence was marginal, at best, and too remote to help negate the evidence of Terry’s guilt as to the offense charged. We find that the court did not abuse its discretion in arriving at that conclusion.

“Unlike Brady, who stayed with Terry up until about a week before law enforcement agents searched Terry’s residence, Richard had not been on Terry’s property since he stayed with Terry in late March. In fact, Terry testified that he had not even seen Richard since early April 1999. Additionally, Terry testified that Brady left all of his possessions at Terry’s residence, describing these possessions to include equipment seized by agents that could be used to manufacture methamphetamine and other personal items from which agents recovered methamphetamine. No such testimony was offered regarding Richard. Furthermore, Sanford Angelos, a forensic chemist from the Drug Enforcement Agency, testified that the condition of the methamphetamine residue contained in the coffee filters and the methamphetamine recovered from inside Terry’s residence indicated that both substances had been recently manufactured. Thus, Terry’s explanation of the events that transpired at his house and the agent’s testimony describing the condition of the evidence found at Terry’s residence indicate that while it was at least possible that Brady may have manufactured the methamphetamine found at Terry’s residence, no such conclusion was possible with regard to Richard. Therefore, we find that the district court properly exercised its discretion in determining that the testimony pertaining to Richard was too remote to negate Terry’s guilt of the offense charged and to subsequently deny the admission of that testimony.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Kanne, J.