United States v. Prigge

Defendant appealed his conviction for various drug trafficking and money laundering offenses. The court joined its sister circuits in holding explicitly that Luce applies to in limine rulings under Fed. R. Evid. 404(b). That is, in order to appeal a Rule 404(b) pretrial ruling, the evidence subject to that ruling must be presented at trial. In this case, defendant's prior conviction was never introduced at trial because he chose not to testify. Therefore, the court held that Luce barred defendant's claim on appeal and affirmed the district court's judgment as to this issue. The court also affirmed the district court’s denial of defendant's motion to sever counts because he has failed to show any prejudice from joinder. View "United States v. Prigge" on Justia Law