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121089P.pdf   11/26/2012  United States  v.  Mark Shore
   U.S. Court of Appeals Case No:  12-1089
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Bye and Shepherd, Circuit Judges]
Criminal case - Criminal law and Sentencing. Testimony in question referred to the charged conduct and an objection that it was improper Rule 404(b) evidence is rejected; no evidence in admitting a previously- undisclosed statement regarding defendant's unemployment as it was cumulative of other evidence; any error in not striking a detective's comments about the danger of heroin was harmless; instruction on intent to distribute accurately reflected the law; district court adequately explained its sentencing decision and its application of the 3553(a) factors; a jury is not required to find the fact of a prior conviction for purposes of application of the Armed Career Criminal Act.