concluding that there was sufficient reason, independent of character, for the admission of evidence that defendant was previously arrested for possession of a gun because the prior gun incident took place during the span of a drug conspiracy and the indictment charged that members of the conspiracy carried guns in order to protect themselves and their business, intimidate rivals, and “inflict violence upon rival drug dealers”
How later courts described this case
- concluding that there was sufficient reason, independent of character, for the admission of evidence that defendant was previously arrested for possession of a gun because the prior gun incident took place during the span of a drug conspiracy and the indictment charged that members of the conspiracy carried guns in order to protect themselves and their business, intimidate rivals, and “inflict violence upon rival drug dealers”
- stating that Reaves’ criminal organization “distributed in the Philadelphia area over 1,000 kilograms of cocaine” and that “[o]ver 564.5 kilograms of cocaine can be attributed to” Reaves’ brother, Darrell, who was “involved in distributing drugs in his brother’s squad, and was his brother’s ‘right-hand man’”
- concluding that an erroneous jury instruction was not harmless regarding one defendant because the evidence, “albeit sufficient, was not overwhelming,” and noting defendant’s acquittal on the substantive charge in considering the strength of the evidence supporting a defendant’s conspiracy conviction
- finding harmless the erroneous denial of a motion to suppress fourteen kilograms of cocaine in light of the testimony of several witnesses that appellant delivered cocaine for distribution, wore a ring associated with a drug-trafficking organization, and worked with members of that organization
Written by the judges who cited it.
The opinion
SUR PETITION FOR PANEL REHEARING
(No. 93-1094)
March 11, 1994
Present: SLOVITER, Chief Judge, GREENBERG, and ROTH, Circuit Judges.
The petition for rehearing filed by Appellant Darrell Reaves in the above-entitled case having been submitted to the judges who participated in the decision of this court, and no judge who concurred in the decision having asked for rehearing, the petition for rehearing is denied.