This section contains the nature of the case and procedural background.

Ohler (D) drove a van from Mexico to California. A customs inspector noticed a panel had been tampered with and then discovered 81 pounds of marijuana. D was arrested and charged with possession and intent to distribute. The government filed motions in limine to admit D’s prior felony convictions as character evidence under 404(b) and as impeachment evidence under 609(a)(1). The court denied the motion to admit the conviction as character evidence but reserved the impeachment usage. At trial, the court ruled that if D testified, evidence of her prior conviction would be admissible under 609(a)(1). D testified, denied any knowledge of the marijuana, and admitted on direct examination that she had been convicted of possession of methamphetamine in 1993. D was found guilty. The Court of Appeals affirmed holding that D waived her objection by introducing evidence of the conviction during direct. The Supreme Court granted certiorari.

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