DueProcess FifthAmendment Privacy JusticiabilityDoctri
Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the Southern District of New York, was in violation of Federal Rule of Evidence 404(b) and/or the Fair Trial/Due Process guarantees of the Fifth Amendment
QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner’s conviction of narcotics distribution in the Southern District of New York, was in violation of Federal Rule of Evidence 404(b) and/or the Fair Trial/Due Process guarantees of the Fifth Amendment when, in a federal prosecution for narcotics distribution, the Government was permitted, over timely objection, to present to the jury evidence that Petitioner had been previously convicted of a similar federal narcotics distribution offense, error that was compounded when the trial court also permitted the Government, again over timely objection, to introduce narcotics and related evidence from the prior federal case. i STATEMENT OF RELATED CASES e United States v. Abreu, 21-CR-300. U.S. District Court for the Southern District of New York. Judgment entered October 7, 2022. e United States v. Abreu, 22-2676. U.S. Court of Appeals for the Second Circuit. Judgment entered November 30, 2023. ii