U.S. v. Gomez

In prosecution on drug distribution charges, Dist. Ct. did not err in admitting evidence that police agents found personal quantity amount of cocaine in jeans located in bedroom connected to defendant, even though said cocaine was found 26 days after police discovered quarter kilogram of cocaine in co-defendant’s car that formed basis of charged offense. While defendant argued that personal use cocaine constituted improper propensity evidence, personal quantity cocaine evidence could be admitted on issue of identity where discovery of personal use cocaine had some tendency to make it more probable that defendant, who lived in home where one of phones used to make arrangements for drug deliveries was located, and who occupied bedroom where jeans containing cocaine was found, was individual recorded in telephone drug conversations with co-defendant. (Dissent filed.)