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U.S. v. HERNANDEZ

No. 91-5817.

975 F.2d 1035 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Xiomaro E. HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1992.

Attorney(s) appearing for the Case

Shawn Franklin Moore, Roberts & Moore, Washington, D.C., argued, for defendant-appellant.

John Granville Douglass, Asst. U.S. Atty., Richmond, Va., argued (Richard Cullen, U.S. Atty., Jay Apperson, Asst. U.S. Atty., Alexandria, Va., on brief), for plaintiff-appellee.

Before PHILLIPS, Circuit Judge, BUTZNER, Senior Circuit Judge, and STAMP, United States District Judge for the Northern District of West Virginia, sitting by designation.

OPINION

BUTZNER, Senior Circuit Judge:

Xiomaro E. Hernandez appeals a judgment entered on the verdict of a jury convicting her of conspiracy to distribute and to possess with intent to distribute cocaine. She alleges that the district court abused its discretion by admitting extraneous evidence of bad acts or crimes under Federal Rule of Evidence 404(b). We hold that the district court erred in admitting the challenged evidence over her lawyer's objection...

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