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US v. Albiola, 08-3306

By FindLaw Staff on October 08, 2010 | Last updated on March 21, 2019

US v. Albiola, 08-3306, concerned a challenge to the convictions of defendant for attempting to possess with intent to distribute methamphetamine and for knowingly and intentionally using a communication facility in the commission of a controlled substance offense.


In affirming the convictions, the court held that the district court did not err by admitting evidence of other mailing labels unrelated to the charged offense, because the other mailing labels were admissible as evidence of absence of mistake under Rule 404(b), and any error in their admission was harmless.  Further, although defendant contends that the testimony of a law enforcement agent describing the methods and results of his investigation constituted impermissible hearsay, the testimony did not contain any out-of-court statements.

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