Please ensure Javascript is enabled for purposes of website accessibility
Home / Case Digests / Evidence — other acts — harmless error

Evidence — other acts — harmless error

U.S. Court of Appeals for the 7th Circuit


Evidence — other acts — harmless error

Although it was error to admit evidence of prior methamphetamine possession, the error was harmless.

“Stacy concedes that there was sufficient evidence to convict him but insists that the admission of the bag of meth-amphetamine nonetheless prejudiced his case because of the powerful effect of physical evidence on a jury. This argument might be more persuasive if the bag was the only physical evidence linking him to the manufacture of methamphetamine, but it was not. The government showed the jury the scale found in Stacy’s bedroom, along with analysis from a forensic scientist that there was methamphetamine residue on the scale and testimony confirming that the scale was used to weigh methamphetamine. The jury also saw the glass smoking pipe found at Stacy’s arrest and heard testimony from a coconspirator about him using a pipe to smoke methamphetamine.”

“In light of this compelling evidence of Stacy’s knowledge and intent, we are not convinced that the government’s case would have been significantly less persuasive without the evidence of Stacy’s prior drug possession. As in Gomez, the government’s case here was strong, and the district court’s error in admitting the evidence of prior acts under Rule 404(b) was harmless.”


13-3551 U.S. v. Stacy

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

Leave a Reply

Your email address will not be published. Required fields are marked *