United States v. Daniel James Powell

Powell appeals from his conviction for conspiracy to possess marihuana with intent to distribute it in violation of 21 U.S.C. §§ 841 , 846. He contends that the district court prejudicially erred (1) in denying a brief continuance to enable him to obtain the appearance of a material witness, (2) in denying an evidentiary hearing in connection with his challenge to the validity of a search warrant directed to the home of an alleged co-conspirator, (3) in admitting, over objection, Powell’s two prior convictions and a marihuana-smoking incident. We reverse the conviction for prejudicial errors in admitting the prior convictions, permitting proof of the marihuana-smoking episode, and in denying the continuance to permit the appearance of a material witness.

I

The Government’s ease rested on the testimony of Cheryl Sullivan, who identified Powell as the source for large quantities of marihuana that had been found in the residence she occupied with her paramour, Mark Stanley. Bolstering Sullivan’s credibility was not an easy task. She had theretofore been convicted of a felony for possessing with intent to distribute the marihuana found in her garage. She had never made any statement…