United States v. Williams
Opinion of the Court
After carefully reviewing the record and the parties’ briefs, we find that the district court properly denied appellant’s motion for a judgment of acquittal and his motion in the alternative for a new trial. Further, the district court did not err by admitting allegedly prejudicial evidence against the appellant.
The evidence was sufficient to support a jury verdict convicting appellant of conspiracy to possess with intent to
Appellant’s claim that an in-court identification of him was improperly introduced at trial, has been waived by virtue of his failure to file a pre-trial motion to suppress. Fed.R.Crim.P. 12(b)(3) and 12(f); United States v. Torres, 162 F.3d 6, 11 (1st Cir. 1998). His final argument, that the admission into evidence of firearms, drug paraphernalia, and a mirror with the letters “IVP” etched on it was unduly prejudicial, is without merit. Such evidence is probative of the existence of the conspiracy and of the appellant’s role in that conspiracy. See, e.g., United States v. Green, 887 F.2d 25, 27 (1st Cir. 1989) (holding that firearms are probative of drug conspiracy).
Affirmed. See Local Rule 27(c).
. The government initially stated that Williams’ admission to police that he was a member of the IVP occurred in the same incident as the arrest of two of Williams co-conspirators. In fact, these were two separate occurrences at neighboring residences. The government promptly brought this error to the Court’s and opposing counsel’s attention.
Reference
- Full Case Name
- UNITED STATES v. Terrence WILLIAMS
- Status
- Published