United States v. Collier ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 13, 2003
Charles R. Fulbruge III
Clerk
No. 02-50529
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER COLLIER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
(MO-01-CR-95-1)
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Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Christopher Collier appeals his conviction
and sentence for conspiracy to possess with intent to distribute
more than 50 grams of methamphetamine and with possession of
methamphetamine. Collier argues that the district court erred when
it overruled his objection to testimony by one of his co-defendants
about his relationship with Collier prior to the dates alleged in
the indictment. Collier suggests that his stipulation to a prior
state conviction for trafficking in methamphetamine sufficiently
*
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this opinion should not be published and is not precedent except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.
established intent for the instant offense and that the jury may
have convicted him for the extrinsic conduct, not that alleged in
the indictment. Id.
Taylor’s testimony was admissible under FED. R. EVID. 403
because its probative value was not substantially outweighed by any
unfair prejudice, and the testimony otherwise satisfied the
requirements of FED. R. EVID. 404(b). United States v. Misher, 99
F.3d 664, 670 (5th Cir. 1996)(citing United States v. Beechum, 582
F.2d 898, 911 (5th Cir. 1978)(en banc)). Any possibility that
Taylor’s testimony might have unduly prejudiced the jury was
sufficiently offset by the court’s instructions to the jury.
United States v. Honer, 225 F.3d 549, 555-56 (5th Cir. 2000).
AFFIRMED.