Is a prior conviction for possession with intent to distribute controlled substance properly admitted?

MultiRegion, United States of America

The following excerpt is from U.S. v. Houston, 963 F.2d 380 (9th Cir. 1992):

Houston argues that, in admitting his prior conviction for possession with intent to distribute a controlled substance, the district court failed to apply the five-part test set forth in United States v. Perkins, 937 F.2d 1397, 1406 (9th Cir. 1991). No case law suggests that the Perkins test is mandatory. The test merely is intended to guide appellate revies. Cf. Ayers, 924 F.2d at 1473 (similar test regarding prior bad acts admitted under Rule 404(b) applied on review "to determine whether avidence was properly admitted").

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