U.S. v. Alayeto

In prosecution on charge of illegal possession with intent to distribute crack cocaine arising out of traffic stop incident in which co-defendant had passed package containing drugs that defendant initially concealed from police officers in her vagina, Dist. Ct. did not err in excluding defendant's proffer of reverse Rule 404(b) evidence concerning three, post-arrest incidents in which co-defendant asked other individuals to conceal drugs from police on his behalf. While plaintiff argued that said evidence would have supported her theory of defense and would have negated her guilt on charged offense, Dist. Ct. could properly find that co-defendant's post-arrest conduct did not demonstrate that defendant was forced to conceal drugs on behalf of defendant. Moreover, Dist. Ct. could properly conclude that admission of proffer posed danger that jurors would be distracted from central issue of defendant's intent in concealing drugs from police.