United States v. Nicolas Gomez
712 F.3d 1146
| 7th Cir. | 2013Background
- Gomez convicted by jury of four drug-related offenses; sentence of four concurrent 84-month terms.
- Evidence of September 29, 2010 cocaine possession found after conspiracy period admitted under Rule 404(b).
- Defense argued evidence lacked relevance to non-propensity purposes and connected to conspiracy post-date.
- Court denied pretrial admissibility; later admitted September 29 evidence for identity, knowledge, absence of mistake.
- Evidence presented at sentencing included Gomez’s false affidavit, leading to an obstruction of justice enhancement.
- Dissent argues Rule 404(b) ruling was improper and merits remand for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether September 404(b) evidence was admissible | Gomez argues no non-propensity purpose; door opened improperly | Gomez contends insufficient non-propensity relevance and too remote | Admissible for identity, knowledge, absence of mistake; not an abuse of discretion |
| Whether obstruction enhancement for perjury was warranted | Gomez disputes perjury finding and materiality | Gomez contends insufficient explicit finding of perjury | Enhancement affirmed; perjury findings implicitly supported by record |
Key Cases Cited
- United States v. Gorman, 613 F.3d 711 (7th Cir. 2010) (reversal standard for Rule 404(b) abuse of discretion)
- United States v. Albiola, 624 F.3d 431 (7th Cir. 2010) (balancing Rule 404(b) probative value vs prejudice; principled discretion)
- United States v. Miller, 673 F.3d 688 (7th Cir. 2012) (instructions on 404(b) evidence; forward-looking purpose)
- Beasley v. Beasley, 809 F.2d 1273 (7th Cir. 1987) (premise for Rule 404(b) balancing and limiting instruction importance)
- United States v. Chapman, 692 F.3d 822 (7th Cir. 2012) (relevance of 404(b) under specific facts)
- United States v. Brown, 471 F.3d 802 (7th Cir. 2006) (identity proof via other drug activity context)
- United States v. Dennis, 497 F.3d 765 (7th Cir. 2007) (group of cases on admissibility via 404(b))
- United States v. Sebolt, 460 F.3d 910 (7th Cir. 2006) (timing considerations for 404(b) relevance)
- United States v. Chavis, 429 F.3d 662 (7th Cir. 2005) (timing and relevance in 404(b) analysis)
- United States v. Gibson, 170 F.3d 673 (7th Cir. 1999) (id evidence in drug cases to prove related transactions)
- United States v. Nurek, 578 F.3d 618 (7th Cir. 2009) (perjury findings needed for obstruction enhancement)
- United States v. Grigsby, 692 F.3d 778 (7th Cir. 2012) (perjury requires specific intent and materiality)
- United States v. Savage, 505 F.3d 754 (7th Cir. 2007) (perjury findings may be implicit where material elements addressed)