United States v. Rickey Bradley, United States of America v. Edward L. Powell

Rickey Bradley and Edward L. Powell challenge their convictions for conspiring and attempting to kill a witness scheduled to testify against one of their associates in a federal criminal trial. At the conclusion of a joint trial, each defendant was convicted of conspiracy to kill a witness to prevent testimony in an official proceeding in violation of 18 U.S.C. § 371 , attempt to kill a witness to prevent testimony, in an official proceeding in violation of 18 U.S.C. §§ 1512 , 1515, and use of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924 (c). We have consolidated the defendants’ separate appeals for purposes of this opinion.

On appeal the defendants urge that the district court abused its discretion under Federal Rule of Evidence 404(b) in admitting evidence of a separate homicide for which the government contends the defendants were responsible. Upon plenary review we find prejudicial error in the use of such evidence. We reverse and remand to the district court for a new trial.

The government charged Bradley and Powell with hiring a third man, Curtis Young, to kill Michael Williams in September 1990. Williams was to be a witness in the federal…