United States v. Stacy

A deputy stopped a truck in which Stacy was a passenger, knowing that Stacy and the driver had recently purchased notable quantities of pseudoephedrine pills from local pharmacies, possibly for use in manufacturing methamphetamine. An officer found a glass smoking pipe in the truck. Stacy was charged with conspiracy to manufacture methamphetamine, 21 U.S.C. 841(a)(1), 846 and four counts of possession of pseudoephedrine knowing that it would be used to manufacture methamphetamine, 21 U.S.C. 841(c)(2). The government planned to introduce evidence under Rule 404(b) about Stacy’s 2008 arrest for possession of methamphetamine. The district court stated that it would allow the evidence if the government laid a proper foundation and promised to caution the jury about the limited use of the evidence. At trial, the prosecution presented testimony about Stacy’s efforts in 2010 through 2012 to obtain pseudoephedrine pills for use in making methamphetamine, that police recovered a scale used to weigh methamphetamine from Stacy’s room, and that Stacy had provided the witness with pills and other supplies for making methamphetamine. The government presented evidence of the 2008 arrest, claiming that it was to prove that Stacy knew pseudoephedrine was a controlled substance and that it was for the purpose of making methamphetamine. The court did not conduct further analysis, but cautioned the jury to consider the testimony only on the issues of intent and knowledge, not Stacy’s propensity to commit the charged offenses. The Seventh Circuit affirmed the conviction and 336-month sentence, finding that admission of the prior acts evidence was harmless error.View "United States v. Stacy" on Justia Law