United States v. Gonzalez

How later courts describe this case

• holding that a not guilty plea to “raises the issue of intent sufficiently to justify the admission of Rule 404(b) evidence”
• holding that, in a conspiracy case, evidence defendant had been charged in a similar crime “raises the issue of intent sufficiently to justify the admission of Rule 404(b) evidence”
• reviewing de novo denial of motion to dismiss indictment on double jeopardy grounds
• “Because the PSR has sufficient indicia of reliability to support its probable accuracy, it may be considered ' as evidence by the trial court at sentencing.”
• no double jeopardy in criminal prosecution where, prior to criminal conviction, no final administrative action nor other adjudication of civil liability had occurred in civil forfeiture proceeding
• to convict for narcotics conspiracy, Government must prove existence of agreement - 4 - to violate drug-trafficking laws, defendant’s knowledge of agreement, and defendant’s voluntary participation in agreement