United States v. Smallwood

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this prosecution of two defendants for murder and use of a firearm while engaged in a drug conspiracy in violation of 21 U.S.C. § 848(e)(1)(A) and 18 U.S.C. § 924(c) & (j) is whether two firearms recovered from defendants’ residence at the time of defendants’ arrest on a related drug conspiracy charge are relevant and admissible evidence pursuant to Rules 401, 403, and 404(b), Fed.R.Evid. This Memorandum Opinion sets forth in greater detail the reasons given in support of a bench ruling denying defendants’ motion to exclude these firearms.

I

De…