X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED JANUARY 12, 2010

Before POSNER, FLAUM, and WILLIAMS, Circuit Judges.

A jury found Monico R. Albiola guilty of one count of attempting to possess with intent to distribute methamphetamines, in violation of 21 U.S.C. § 846, and one count of knowingly and intentionally using a communication facility in the commission of a controlled substance offense, in violation of 21 U.S.C. § 843(b). Albiola appeals his conviction, arguing that the district court erred by admitting evidence of other mailing labels unrelated to the charged offense. Because the other mailing labels were admissible as evidence of absence of mistake under Rule 404(b), we find that any error in their admission was harmless. Although Albiola contends that the testimony of a law enforcement agent describing the methods and results of his investigation constituted impermissible hearsay, we find that the testimony did not contain any out-of-court statements. We therefore affirm Albiola’s conviction.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Legalweek New York 2023

March 20, 2023 - March 23, 2023
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More

GlobeSt. Multifamily Spring 2023

March 27, 2023 - March 28, 2023
Miami, FL

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More

The Asia Legal Awards (ASLA) 2023

March 30, 2023
Singapore

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.


Learn More

Associate Attorney


Looking for an Associate Attorney with 2 to 5 years experience to handle Labor and Employment Law, Pension Appeals and Workers Compensation....


Apply Now ›

Finance/Corporate Trust Lawyer - CT or Remote


We are seeking a lawyer with a minimum of five years of experience in transactional work to join our well-established, nationally renowned C...


Apply Now ›

Transactional Intellectual Property / Corporate Lawyer - CT or Remote


We are seeking a lawyer with extensive transactional intellectual property experience to join our corporate practice. Candidates should hav...


Apply Now ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

03/13/2023
NJLJ Web

Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...


View Announcement ›

COLE SCHOTZ P.C.

03/13/2023
NJLJ Web

COLE SCHOTZ P.C. WELCOME HONORABLE GARRY S. ROTHSTADT, J.A.D. (RET.)


View Announcement ›

GREENBAUM ROWE SMITH & DAVIS LLP

03/13/2023
NJLJ Web

GREENBAUM ROWE SMITH & DAVIS LLP would like to announce that...


View Announcement ›