DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143141P.pdf 05/19/2016 United States v. Torrance Cotton
U.S. Court of Appeals Case No: 14-3141
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Wollman and Colloton, Circuit Judges]
Criminal Case - conviction. Conviction for conspiracy to distribute
cocaine and possession with intent to distribute cocaine is affirmed.
Although the district court and the government recited some of the
purposes for which evidence of prior conviction may be used without an
accompanying case-specific analysis, any error in admitting the evidence
of prior convictions was harmless. District court did not err in admitting
co-conspirator's post arrest statement to rehabilitate another
co-conspirator's statement, as it was offered for impeachment purposes,
was non-hearsay co-conspirator statements, and was admitted solely under
Rule 806. Prior consistent statements are not admissible as rehabilitative
evidence, but may be admitted to explain or impeach inconsistent
statement. In this case the district court did not abuse its discretion in
admitting all the proffered evidence. District court did not err in
concluding the government's suppression of the photograph used for
identification purposes did not constitute a Brady violation, as there was
no reasonable probability the result would have been different had the
earlier photograph been disclosed to defendant; district court did not
abuse its discretion in denying a new trial. Judge Colloton concurs in
part and concurs in the judgment.