United States v. Smalls

TYMKOVICH, Circuit Judge.

After a suspicious death in a New Mexico prison cell, police eventually identified Paul Smalls, the victim’s cellmate, and two other men as the perpetrators of murder. Their scheme was to smother the victim, and then claim he died of an asthma attack. At trial, the government pointed to “signature quality” evidence, that Smalls had threatened his asthmatic ex-wife in a similar fashion five months before the murder. Smalls and the other men were found guilty of the murder of Phil Gantz, who at the time was cooperating with federal and state authorities against members…