00-2079 U.S. v. Kibler

By: dmc-admin//February 4, 2002//

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“The evidence of the prior convictions… had virtually no impact on that defense. The evidence that Kibler was a seller of crack was overwhelming, and the defense strategy was a concession to that reality. Therefore, we are not faced with a situation in which a defendant denies all illegal activities, and the prior convictions render that denial less believable. There was no evidence introduced indicating that those prior convictions were for a drug conspiracy, as opposed to individual actions as a seller. Therefore, the prior convictions were consistent with the defense strategy of portraying Kibler as a drug dealer who operates independently, rather than as part of a conspiracy.”

Affirmed.

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Rovner, J.

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