U.S. v. SMALLS

No. 12-2145.

752 F.3d 1227 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Othello SMALLS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 28, 2014.


Attorney(s) appearing for the Case

Amy Sirignano , Albuquerque, New Mexico, for Appellant.*

Richard C. Williams , Assistant United States Attorney ( Kenneth J. Gonzales , United States Attorney, with him on the brief), Las Cruces, New Mexico, for Appellee.

Before TYMKOVICH, BALDOCK, and PHILLIPS, Circuit Judges.


TYMKOVICH, Circuit Judge.

After a suspicious death in a New Mexico prison cell, police eventually identified Paul Smalls, the victim's cellmate, and two other men as the perpetrators of murder. Their scheme was to smother the victim, and then claim he died of an asthma attack. At trial, the government pointed to "signature quality" evidence that Smalls had threatened his asthmatic ex-wife in a similar fashion five months before the murder. Smalls and the other men...

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