Professional Documents
Culture Documents
No. 14-4789
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:13-cr-00034-GEC-1)
Submitted:
Decided:
August 4, 2015
PER CURIAM:
Sheik Naieem Trice was convicted of conspiracy to possess
with intent to distribute more than 100 grams of heroin, 21
U.S.C. 846 (2012), and possession with intent to distribute
heroin, 21 U.S.C. 841(a)(1).
We affirm.
I
United States
v. Green, 740 F.3d 275, 277 (4th Cir.), cert. denied, 135 S. Ct.
207
(2014).
If
the
district
court
denied
the
motion
to
with
probabilities
circumstances.
and
depends
on
the
totality
of
the
372
F.3d
marks omitted).
267,
274
(4th
Cir.
2004)
(internal
Owens v.
quotation
the
affidavit
Detective
submitted
Kelly
Jennings
in
support
stated
of
that
the
he
search
received
gave him Sanders name and address and identified her vehicle
and
its
license
plate
number.
Jennings
corroborated
this
Jennings then met with the CI, who had recorded a phone
conversation
with
Sander
regarding
Trices
arrest.
Jennings
Sander
stated
that
she
was
afraid
to
return
to
her
corroborated
specifically,
Further,
where
practical
the
she
CIs
lived
and
information
and
what
common-sense
about
car
she
interpretation
Sander-drove.
of
the
Trices
possession
prior
with
drug
intent
convictions:
to
distribute
2003
marijuana;
conviction
and
for
2012
Trice filed a
remote
in
time
and
involved
marijuana--not
heroin.
The
as
it
related
to
the
2012
heroin
conviction.
Such
of
knowledge,
motive,
identity,
opportunity,
or
absence
intent,
of
preparation,
mistake
or
plan,
accident.
United States v. Hodge, 354 F.3d 305, 311-12 (4th Cir. 2004)
(quoting Rule 404(b)).
Id.
evidence
damages
an
that
results
opponent
for
in
unfair
reasons
5
prejudice--prejudice
other
that
its
that
probative
the
probative
value
of
the
evidence.
United
States v. Mohr, 318 F.3d 613, 619-20 (4th Cir. 2003) (internal
quotation marks and alteration omitted).
We
hold
that
the
district
court
properly
permitted
mistake.
the
beginning
of
evidence,
a
trial
presented
where
as
there
was
stipulation
abundant
at
evidence
the
of
presentence
investigation
report
and
the
sentencing
on
certified
judgments
New
Jersey
in
the
courts
conclusion
6
that
Trice
state
courts
We discern no
was
career
offender.
Cir.
2014),
cert.
denied,
135
S.
Ct.
942
(2015)
(stating
standard of review).
IV
We affirm the district courts judgment.
oral
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
the
court
are
and