Is prior drug dealing relevant, relevant and probative in the context of a drug possession charge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gordon, 987 F.2d 902 (2nd Cir. 1993):

Finally, it seems clear to me that the probative value of the prior drug dealing was not outweighed by its potential for unfair prejudice within the meaning of Rule 403. "A trial court's ruling, following a 'conscientious assessment' of the Rule 403 factors, will not be overturned on appeal absent a clear showing of abuse of discretion." United States v. Martino, 759 F.2d 998, 1005 (2d Cir.1985). No abuse of discretion can be found, where, as here, a showing of knowledge and intent is required in order for the prosecution to meet its burden of proof and the prior act evidence is relevant, similar and probative. Id.

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