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U.S. v. Allums

New Trial Denied; Testimony, Conviction Properly Admitted, Not Outweighed by Prejudice

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OPINION & ORDER Currently before me is the motion of Defendant Yonell Allums (“Defendant” or “Allums”) for a new trial under Rule 33 of the Federal Rules of Criminal Procedure. Allums argues that he is entitled to a new trial under Rule 33 because the admission of his prior testimony and conviction from United States v. Walker (the “1997 Trial”) was both improper and unduly prejudicial. The motion for a new trial is DENIED because (1) Allums placed his knowledge and intent at issue during the trial and (2) the introduction of the challenged evidence was not unduly prejudicial.I. Background and Procedural HistoryA. The IndictmentOn June 28, 2017, Allums was charged in a two-count superseding indictment. (See Doc 266 (“S6 Indictment”).) Count One charged Allums with conspiring to distribute and possess with intent to distribute controlled substances under 21 U.S.C. §841(a)(1), including five or more kilograms of cocaine and 280 grams or more of crack cocaine in violation of 21 U.S.C. §841(b)(1)(A). (S6 Indictment

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