Criminal Law: Acquittal – New Trial

(1)Where the trial court entered a judgment of acquittal after a jury had convicted the defendant of conspiracy to distribute crack cocaine, the trial court erred because evidence was presented showing that drugs were found under the defendant’s pillow in a hotel room despite the testimony of a witness who claimed he hid the drugs under the defendant’s pillow without the defendant’s knowledge.

(2) Where the trial court allowed the government to introduce into evidence the defendant’s prior conviction for possession with intent to distribute cocaine, the trial court’s conclusion that the government impermissibly used the conviction to mark the defendant as a previous drug dealer when it repeatedly referred to the conviction and the trial court concluded it failed to exercise judicial oversight over the information, the trial court’s ruling was not a clear and manifest abuse of discretion.

Judgment affirmed in part, reversed in part and remanded.

United States v. Williams (MLW No. 62525/Case No. 10-1298 – 11 pages) (U.S. Court of Appeals, 8^th Circuit, Riley, C.J.) Appealed from U.S. District Court, District of North Dakota, Erickson, J. (Nicholas W. Chase, Fargo, North Dakota, for appellant) (Reid Brandborg, Fergus Falls, Minnesota, for appellee).

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