In US v. Lozano, No. 09-30151, the court affirmed defendant's conviction for attempted possession of marijuana with intent to distribute, holding that 1) the district court did not abuse its discretion in concluding that all of the Rule 404(b) requirements were met and thus that Rule 404(b) did not forbid admission of the evidence; 2) a postal inspector had reasonable suspicion to detain the mailed package at issue; and 3) the transportation of the package from Barrow to Anchorage, Alaska without probable cause did not make the detention unreasonable.
As the court wrote: "We must decide, among other issues, whether the admission of marijuana evidence, found in a mailed package delayed twenty-two hours in delivery due to the remoteness of the site from canine investigation, violates the Fourth Amendment."
- Full Text of US v. Lozano, No. 09-30151