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U.S. v. SMITH

No. 12-1516.

725 F.3d 340 (2013)

UNITED STATES of America, v. Durrell SMITH, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 6, 2013.

Attorney(s) appearing for the Case

Kevin F. Carlucci, Esq. [Argued], Alison Brill, Esq. , Office of the Federal Public Defender, Newark, NJ, for Appellant, Durrell Smith.

Steven G. Sanders, Esq. [Argued], Office of the United States Attorney, Newark, NJ, for Appellee, United States of America.

Before: SLOVITER, FUENTES, and ROTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

At Durrell Smith's trial for threatening federal officers with a gun, the Government sought to establish that two years earlier Smith had been observed dealing drugs at the same location as the charged assault. Smith objected, arguing that the relevance of the drug deal to the gun crime requires an inference that because Smith was a drug dealer in the past he must have been a drug dealer on the day in question...

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