What is the effect of prior drug use on evidence of conspiracy and possession with intent to distribute narcotics?
MultiRegion, United States of America
The following excerpt is from U.S. v. Robertson, 15 F.3d 862 (9th Cir. 1994):
6 Evidence of prior drug use is ordinarily not relevant under Rule 404(b) to prove conspiracy and possession with intent to distribute narcotics. See United States v. Hill, 953 F.2d 452, 456-58 (9th Cir.1991); see also United States v. Mehrmanesh, 689 F.2d 822, 831-32 (9th Cir.1982). An exception to this rule covers certain narrow circumstances (see Hegwood, 977 F.2d at 497), but we find no need to decide if it applies here.
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