UNITED STATES V. BEASLEY 809 F.2d 1273 (1987) CASE BRIEF

UNITED STATES V. BEASLEY
809 F.2d 1273 (1987)
NATURE OF THE CASE: Beasley (D) sought review of his convictions on seven counts of obtaining Dilaudid with intent to distribute, in violation of 21 U.S.C.S. 841(a)(1), and two counts of attempting to obtain Dilaudid by misrepresenting the name of the person to appear on the prescription, in violation of 21 U.S.C.S. 843(a)(3) and 846.
FACTS: Beasley (D) was a research chemist who acquired prescriptions for narcotics from several doctors, purportedly for the purpose of conducting experiments on vegetables. The government claimed that D actually sold the drugs. D was charged with seven counts of obtaining Dilaudid with intent to distribute. The offenses for which he was charged occurred over a 10-month period in 1980 and 1981. However, the prosecution offered evidence of D's drug activity occurring between 1981 and 1984. It argued that, although some of the events occurred after the offenses charged, they were admissible under Rule 404(b) to show pattern. The court repeatedly told the jury that the purpose of the evidence was to show D's 'intent'. D appealed his conviction.

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