US v. Gallo-Moreno, No. 06-1696

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.   

Read US v. Gallo-Moreno, No. 06-1696

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued November 3, 2009
Decided October 19, 2009

Judges

Before:  Kanne, Evans, and Sykes, Circuit Judges

Opinion by Sykes, Circuit Judge