United States District Court, W.D. Louisiana, Lafayette Division
RULING AND REASONS
ZAINEY UNITED STATES DISTRICT JUDGE
the Court is a “Motion in Limine” (Rec. 93).
Defendant Derrick Felton moves for an order to instruct the
attorney for the government and his/her representatives and
witnesses to refrain from making any direct or indirect
reference whatsoever at trial, of any other extraneous crimes
or misconduct by the accused or other defense witnesses until
the Court holds a hearing outside the presence of the jury.
The purpose of the hearing would be to determine if the
testimony is admissible: (1) for impeachment purposes
pursuant to Federal Rules of Evidence Rule 609; (2) as an
exception to Rule 404(b); or (3) pursuant to Rule 403.
response, the government informs the Court that it intends to
introduce Felton's two (2) prior felony drug convictions
pursuant to Federal Rules of Evidence 404(b), and/or if the
defendant testifies, pursuant to Rule 609. Attached to the
government's response are minutes that reflect
Felton's two (2) felony convictions as follows: (1)
Possession of Cocaine with Intent to
Distribute; and (2) Possession with Intent to
Distribute Schedule II Controlled Dangerous
Substances. The government requests that the Court
allow the introduction of the two prior convictions both
pursuant to Rule 404(b) and if the defendant chooses to
testify, pursuant to Rule 609.
was indicted along with two other individuals for multiple
drug trafficking crimes including conspiracy to distribute
and possess with intent to distribute methamphetamine. The
facts that led to the indictment involved three (3)
suspicious packages that were shipped from Los Angeles,
California to Lafayette, Louisiana. A United States Postal
Service employee observed the suspicious packages and
contacted law enforcement. After an alert was made by a drug
detection K-9, a search warrant was obtained and executed.
three (3) packages contained approximately eighteen pounds of
methamphetamine. Felton's fingerprints were on cooking
pans found inside the packages. After further investigation,
law enforcement was able to determine through financial
records that Felton had been in Los Angeles, California
during the time of the shipment. The investigation further
revealed that Felton's IP address was used to check on
the progress of the packages.
404(b) of the Federal Rules of Evidence provides the
Crimes, Wrongs, or Other Acts.
(1) Prohibited Uses. Evidence of a crime,
wrong, or other act is not admissible to prove a person's
character in order to show that on a particular occasion the
person acted in accordance with the character.
(2) Permitted Uses; Notice in a Criminal
Case. This evidence is admissible for another
purpose, such as proving motive, opportunity, intent,
preparation, plan, knowledge, identity, absence of mistake,
or lack of accident. On request by a defendant in a criminal
case, the prosecutor must:
(A) provide reasonable notice of the general
nature of any such evidence that the prosecutor intends to
offer at trial; and
(B) do so before trial - - or during trial
if the court, for good cause, excuses lack of ...