Block on Trump's Asylum Ban Upheld by Supreme Court
District court's conviction of defendant for drug conspiracy is affirmed where: 1) defendant's Rule 404(b) argument fails because identity was the sole issue at trial and the evidence regarding the Texas drug transaction was highly probative on that issue; 2) defendant's due process challenge to a witness' identification testimony is rejected because the identification was sufficiently reliable under the circumstances of the case; and 3) defendant's Sixth Amendment right to counsel was not violated as the post-indictment, uncounseled identification did not occur during a critical stage of the criminal proceedings under Wade and Ash.
Appeals from the United States District Court for the Northern District of Illinois, Eastern Division
Argued November 3, 2009
Decided October 19, 2009
Opinion by Sykes, Circuit Judge