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United States of America v. Billy L. Hicks

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ARGUED APRIL 13, 2010

Before WILLIAMS, SYKES, and TINDER, Circuit Judges.

A jury found Billy Hicks guilty of one count of knowingly distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1). Hicks appeals his conviction, arguing that the district court made several errors during trial. We find that the district court did not err when it dismissed a juror for cause based on her relation-ship to a witness, admitted tape recordings between Hicks and a confidential informant, and allowed federal agents to testify about their personal observations. However, because we find that the district court improperly allowed evidence of Hicks’s prior drug convictions in violation of Federal Rule of Evidence 404(b), we vacate his conviction and remand for a new trial.

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