U.S. v. Stacy

In prosecution on charge of conspiracy to manufacture of methamphetamine and unlawful possession of pseudoephedrine pills, Dist. Ct. erred in admitting evidence of defendant’s prior and uncharged possession of methamphetamine. While govt. argued that admission of such “bad acts” evidence was permissible on issue of defendant’s intent to use pseudoephedrine to make methamphetamine as well as his knowledge of process for making methamphetamine involved in current charge, Ct. of Appeals found that such evidence was improper under Rule 404(b)(1) because govt.’s argument relied on propensity inference that defendant’s history of involvement with uncharged methamphetamine manufacturing made it more likely that he intended to use pseudoephedrine pills alleged in current charge to make methamphetamine. Error, though, was harmless, where other witnesses testified that they supplied pseudoephedrine pills to defendant for purposes of making methamphetamine during relevant time frame.