United States v. James Clinton Adrian, United States of America v. James Clinton Adrian

I.

Appellee James Clinton Adrian was indicted on December 19, 1990, for conspiracy and possession with intent to distribute marijuana. On August 20, 1991, prior to jury selection, the government sought permission to introduce evidence during its case in chief that Adrian had previously been convicted in Arizona for possession of cocaine. The court initially ruled that the evidence could be introduced with a limiting instruction. Following impanelment of a jury, the government moved in limine for permission to introduce evidence that Adrian had a federal conviction for conspiracy to distribute cocaine. The district court expressed concern that it had erred in its prior ruling that the state court conviction would be admissible, and withheld a ruling on both convictions. A mistrial was declared on August 22, 1991, and trial was reset for October 15, 1991.

The government filed a motion on September 4, 1991, seeking to have the district court reconsider the request to use Adrian’s prior convictions in the case in chief. A hearing was held on the motion, and the district court subsequently denied the request. The court reasoned that evidence of appellant’s two prior convictions…