Filed: Apr. 14, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-50584 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDGAR ADKISON, also known as Edgar Adkinson, Defendant-Appellant. _ Appeal from the United States District Court for the Western District of Texas USDC No. 98-CR-66-2 _ April 13, 2000 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Edgar Adkison appeals his conviction for aiding and abetting the distribution of crack cocaine. He asser
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-50584 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDGAR ADKISON, also known as Edgar Adkinson, Defendant-Appellant. _ Appeal from the United States District Court for the Western District of Texas USDC No. 98-CR-66-2 _ April 13, 2000 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Edgar Adkison appeals his conviction for aiding and abetting the distribution of crack cocaine. He assert..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-50584
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDGAR ADKISON, also known as
Edgar Adkinson,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Western District of Texas
USDC No. 98-CR-66-2
_________________________________________________________________
April 13, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Edgar Adkison appeals his conviction for aiding and abetting
the distribution of crack cocaine. He asserts that the district
court abused its discretion in permitting the government to
introduce as evidence his 1991 conviction for possession of a
controlled substance. He argues that the prior conviction was
irrelevant and unduly prejudicial.
The district court did not abuse its discretion in admitting
the prior conviction since the prior possession offense was similar
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
to the charged distribution offense and was thus highly probative
on the issue of Adkison’s knowledge and intent to commit the
charged offense. See United States v. Ponce,
8 F.3d 989, 993-94
(5th Cir. 1993); United States v. Gadison,
8 F.3d 186, 192-93 (5th
Cir. 1993). The fact that the prior conviction happened eight
years earlier does not, by itself, warrant exclusion. See United
States v. Chavez,
119 F.3d 342, 346-47 (5th Cir. 1997). Any
potential undue prejudice was minimized by the district court’s
limiting instructions to the jury. See, e.g.,
Ponce, 8 F.3d at
994;
Gadison, 8 F.3d at 192.
Adkison also challenges the district court’s refusal to permit
him to cross-examine Jarvis Ingram, a cooperating government
witness, regarding the probation officer’s recommendation that
Ingram be denied an acceptance of responsibility reduction.
Although the district court refused to allow cross-examination
regarding the probation officer’s recommendation, it permitted
defense counsel to cross-examine Ingram regarding the substance of
the alleged untruthfulness on which the recommendation was based,
i.e., Ingram’s denial of involvement in another drug transaction
that occurred on July 4, 1998. Because the subject which the
district court excluded from cross-examination would not have given
the jury a significantly different impression of Ingram’s
credibility, the district court did not abuse its discretion by
limiting cross-examination of him. See United States v. Baresh,
790 F.2d 392, 400 (5th Cir. 1986).
2
A F F I R M E D.
3