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: Fourth Circuit Blog

Court Rejects "Reverse 404(b)" Testimony; Affirms "de facto" Career Offender Sentence

By Jonathan Byrne

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US v. Myers: Myers was convicted of several drug charges after trial and sentenced to 360 months in prison. At trial, Count Five involved an alleged sale of cocaine to a confidential informant who was "working off" an earlier charge for selling cocaine. When cross examined about that charge, the CI admitted to it, but took issue with several details about his behavior in the criminal complaint. The CI's testimony was the only evidence that the transaction took place (no video, I guess). Pursuant to a Government objection, Myers was precluded from calling several police officers to impeach the CI's testimony about those details. At sentencing, Myers was subject to a mandatory minimum of 120 months, but a Guideline maximum of only 121 months...continue to full post

Full post as published by Fourth Circuit Blog on December 18, 2009 (boomark / email).

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