United States v. Michael Segovia

On September 16, 1977, following a two-day jury trial, appellant Segovia was found guilty on four counts of an indictment charging him with conspiracy to distribute, possession with intent to distribute, and distribution of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Segovia did not seriously dispute that he had participated in the illegal transactions; rather, he relied upon a defense of entrapment. Discussion of the two rather simple issues presented by this appeal does not require any preliminary recitation of the evidence developed at trial.

Appellant first cites as improper the District Court’s allowance over timely objection of certain testimony by government witness Petropolous on direct examination. Agent Petropolous related a telephone conversation in which appellant told him that a scheduled meeting would be delayed because appellant had been “tied up” in arranging for a purchase of several pounds of marijuana by a third party. The Court admitted this testimony as tending to rebut appellant’s defense of entrapment. Under Rule 404(b) of the Federal Rules of Evidence evidence of “other crimes, wrongs, or acts” is admissible to prove “motive, opportunity,…