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United States v. Conner

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ARGUED SEPTEMBER 15, 2008

Before KANNE, EVANS, and WILLIAMS, Circuit Judges.

On March 8, 2007, a grand jury indicted Defendant Arthur T. Conner for distributing more than five grams of cocaine base (crack cocaine) in a controlled drug buy on December 20, 2006. During Conner’s jury trial, the government presented testimonial evidence regarding Conner’s participation in a drug sale on January 10, 2007, and his prior history of drug dealing with co-defendants Michael Hughes and Darrick Robison. The district court admitted this evidence because it found that these acts were intricately related to the charged crime. The court did not address the government’s alternative argument that the evidence was admissible under Federal Rule of Evidence 404(b). The jury convicted Conner, who was sentenced to life in prison. Conner appeals his conviction, arguing that the district court erred in admitting this evidence, as well as in providing the jury with an aiding and abetting instruction. Alternatively, Conner requests a limited remand for resentencing in light of Kimbrough v. United States, 552 U.S. 85 (2007). We affirm Conner’s conviction and remand for resentencing.

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