United States v. Hakeem Olayinka Alli-Balogun, Also Known as Ralph Badmus, 72 F.3d 9 (2d Cir. 1995). · Go Syfert
United States v. Hakeem Olayinka Alli-Balogun, Also Known as Ralph Badmus, 72 F.3d 9 (2d Cir. 1995). Cases Citing This Book View Copy Cite
65 citation events (50 in the last 25 years) across 17 distinct courts.
Strongest positive: United States v. Brent Boyd (ca2, 2000-08-09)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Brent Boyd
2d Cir. · 2000 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we do not see how there can be plain error when the supreme court and this court have not spoken on the subject, and the authority in other circuits is split.
discussed Cited as authority (rule) Johns v. State
Del. · 2025 · confidence medium
It makes sense that Johnson framed the principle with federal courts in mind, since Johnson involved a federal, Fourth Amendment issue that was hotly debated at the time and that generated a split of authority in federal 59 Morales, 133 A.3d at 532 (quoting Whittle v. State, 77 A.3d 239, 248 (Del.2013)). 60 813 A.2d 161, 166 (Del. 2001); see also United States v. Flores-Juarez, 723 F. App'x 84, 89 (3d Cir. 2018) (“For an error to be ‘plain,’ it must be ‘clear or obvious rather than subject to reasonable dispute.’ The existence of divergent interpretations among the Courts of Appeals …
discussed Cited as authority (rule) United States v. Anita Jackson
4th Cir. · 2025 · signal: cf. · confidence medium
Neither the Supreme Court nor we have taken a position on this issue, placing it outside the ordinary circumstances in which we would conclude error is “plain.” And we have previously recognized that a “district court does not commit plain error by following the reasoning of another circuit” “where we have yet to speak directly on a legal issue and other circuits are split.” United States v. Strieper, 666 F.3d 288, 295 (4th Cir. 2012) (citing United States v. Rouse, 362 F.3d 256 , 263–64 (4th Cir. 2004)); cf. United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (per curiam…
discussed Cited as authority (rule) United States v. Anita Jackson
4th Cir. · 2025 · signal: cf. · confidence medium
Neither the Supreme Court nor we have taken a position on this issue, placing it outside the ordinary circumstances in which we would conclude error is “plain.” And we have previously recognized that a “district court does not commit plain error by following the reasoning of another circuit” “where we have yet to speak directly on a legal issue and other circuits are split.” United States v. Strieper, 666 F.3d 288, 295 (4th Cir. 2012) (citing United States v. Rouse, 362 F.3d 256 , 263–64 (4th Cir. 2004)); cf. United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (per curiam…
discussed Cited as authority (rule) United States v. Reyes-Arzate (2×) also: Cited "see"
2d Cir. · 2024 · confidence medium
United States v. Dupes, 513 F.3d 338, 343 (2d Cir. 2008). 1 There “can[not] be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts is split.” United States v. Alli- Balogun, 72 F.3d 9, 12 (2d Cir. 1995).
discussed Cited as authority (rule) United States v. Ely
2d Cir. · 2022 · confidence medium
There is no precedent from our Court or the 15 Supreme Court or consensus among our sister courts about whether Hobbs Act 16 robbery conspiracy qualifies as an offense against property under the MVRA. 17 Thus, any hypothetical error was not “clear under current law.” United States v. 5 1 Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (quotation marks omitted); see also 2 United States v. Brown, 352 F.3d 654 , 664 & 665 n.10 (2d Cir. 2003) (noting the 3 “difficulty of . . . finding plain error where this circuit has not previously spoken 4 on an issue and there is no discernible consensus amo…
discussed Cited as authority (rule) State v. Rafael Galvan
Idaho Ct. App. · 2014 · confidence medium
Accord United States v. Salinas, 480 F.3d 750, 759 (5th Cir.2007) (holding there was not plain error where the circuit’s law was unsettled on the issue and other circuits had reached divergent conclusions); United States v. Humphrey, 164 F.3d 585, 588 (11th Cir. 1999) (holding where no precedent clearly resolved the defendant’s claim of error, the error was not “obvious” and thus could not be reviewed under the plain error doctrine); United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (holding that a claimed error could not be plain error when the Supreme Court and the Second Ci…
cited Cited as authority (rule) United States v. Umeh
2d Cir. · 2013 · confidence medium
See Fed.R.Crim.P. 52(b); United States v. Alli-Balogun, 72 F.3d 9, 11-12 (2d Cir.1995) (reviewing for plain error forfeited claim regarding district court’s failure to give unanimity instruction).
discussed Cited as authority (rule) State v. Guillermo G. Bedolla
Idaho Ct. App. · 2012 · confidence medium
Accord United States v. Salinas, 480 F.3d 750, 759 (5th Cir. 2007) (holding there was not “plain error” where the circuit’s law was unsettled on the issue and other circuits had reached divergent conclusions); United States v. Humphrey, 164 F.3d 585, 588 (11th Cir. 1999) (holding where no precedent clearly resolved the defendant’s claim of error, the error was not “obvious” and could not be reviewed under the plain error doctrine); United States v. Alli-Balogun, 72 F.3d 9, 12 (2nd Cir. 1995) (holding that a claimed error could not be plain error when the Supreme Court and the Secon…
discussed Cited as authority (rule) State v. Hadden
Idaho Ct. App. · 2012 · confidence medium
Accord United States v. Salinas, 480 F.3d 750, 759 (5th Cir.2007) (holding there was not “plain error” where the circuit’s law was unsettled on the issue and other circuits had reached divergent conclusions); United States v. Humphrey, 164 F.3d 585, 588 (11th Cir.1999) (holding where no precedent clearly resolved the defendant’s claim of error, the error was not “obvious” and could not be reviewed under the plain error doctrine); United States v. Alli-Balogun, 72 F.3d 9,12 (2d Cir.1995) (holding that a claimed error could not be plain error when the Supreme Court and the Second Cir…
discussed Cited as authority (rule) State v. Traci N. Hadden
Idaho Ct. App. · 2012 · confidence medium
Accord United States v. Salinas, 480 F.3d 750, 759 (5th Cir. 2007) (holding there was not “plain error” where the circuit’s law was unsettled on the issue and other circuits had reached divergent conclusions); United States v. Humphrey, 164 F.3d 585, 588 (11th Cir. 1999) (holding where no precedent clearly resolved the defendant’s claim of error, the error was not “obvious” and could not be reviewed under the plain error doctrine); United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (holding that a claimed error could not be plain error when the Supreme Court and the Second…
discussed Cited as authority (rule) State v. Corbus
Idaho Ct. App. · 2011 · confidence medium
Accord United States v. Salinas, 480 F.3d 750, 759 (5th Cir.2007) (holding there was not plain error where the circuit’s law was unsettled on the issue and other circuits had reached divergent conclusions); United States v. Humphrey, 164 F.3d 585, 588 (11th Cir.1999) (holding where no precedent clearly resolved the defendant’s claim of error, the error was not “obvious” and thus could not be reviewed under the plain error doctrine); United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (holding that a claimed error could not be plain error when the Supreme Court and the Second Cir…
discussed Cited as authority (rule) State v. Filip Danney
Idaho Ct. App. · 2010 · confidence medium
Accord United States v. Salinas, 480 F.3d 750, 759 (5th Cir. 2007) (holding there was not “plain error” where the circuit‟s law was unsettled on the issue and other circuits had reached divergent conclusions); United States v. Humphrey, 164 F.3d 585, 588 (11th Cir. 1999) (holding where no precedent clearly resolved the defendant‟s claim of error, the error was not “obvious” and thus could not be reviewed under the plain error doctrine); United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (holding that a claimed error could not be plain error when the Supreme Court and the S…
discussed Cited as authority (rule) People v. Vigil
Colo. Ct. App. · 2010 · confidence medium
See People v. Buerge, 240 P.3d 363, 369 (Colo.App.2009) (plain error is error that is so clear cut that a competent judge should have been able to avoid it without the benefit of an objection); People v. O'Connell, 134 P.3d 460, 465 (Colo.App.2005) ("For an error to be 'plain' it must be 'obvious.' "); United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (declining to decide whether it would have been error to deny a special unanimity instruction because the alleged error was not obvious under existing authority).
discussed Cited as authority (rule) United States v. Rouse
4th Cir. · 2004 · signal: cf. · confidence medium
Cf. United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (per curiam) (stating that "we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the sub- ject, and the authority in other circuit courts is split").
discussed Cited as authority (rule) United States v. Anthony K. Rouse
4th Cir. · 2004 · signal: cf. · confidence medium
Cf. United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (per curiam) (stating that “we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts is split”).
discussed Cited as authority (rule) State v. Barnes
Ohio · 2002 · confidence medium
Cf. United States v. Aguillard (C.A.11, 2000), 217 F.3d 1319, 1321 (holding that an error cannot be deemed plain if there is no controlling case law on point and the authority in other circuits is split); United States v. Thompson (C.A.9, 1996), 82 F.3d 849, 856 (same); United States v. Alli-Balogun (C.A.2, 1995), 72 F.3d 9, 12 (same); United States v. Williams (C.A.6, 1995), 53 F.3d 769, 772 (same).
discussed Cited as authority (rule) State v. Barnes
Ohio · 2002 · confidence medium
Cf. United States v. Aguillard (C.A.11, 2000), 217 F.3d 1319, 1321 (holding that an error cannot be deemed plain if there is no controlling case law on point and the authority in other circuits is split); United States v. Thompson (C.A.9, 1996), 82 F.3d 849, 856 (same); United States v. Alli-Balogun (C.A.2, 1995), 72 F.3d 9, 12 (same); United States v. Williams (C.A.6, 1995), 53 F.3d 769, 772 (same). {¶ 23} Despite the lack of an obvious error by the trial court in giving the instruction, the court of appeals corrected the defect by reversing Barnes’s conviction for felonious assault.
cited Cited as authority (rule) Johnson v. State
Del. · 2001 · confidence medium
United States v. Thompson, 9th Cir., 82 F.3d 849, 854-55 (1996); United States v. Alli-Balogun, 2d Cir., 72 F.3d 9, 12 (1995). 14 .
discussed Cited as authority (rule) Davis v. Johnson
W.D.N.Y. · 1999 · confidence medium
To prevail on [a] Sixth Amendment claim, [a] defendant must prove that counsel’s representation ‘fell below an objective standard of reasonableness’ judged by “prevailing professional norms.” He must also show that “there is a reasonable probability that, but for ■ counsel’s unprofessional errors, the result of the proceeding would have been different.” United States v. Alli-Balogun, 72 F.3d 9, 11 (2d Cir:1995) (per curiam) (citation omitted) (quoting Strickland v. Washington, 466 U.S. 668, 688, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)).
discussed Cited as authority (rule) Erwin Jackson v. Arthur Leonardo, Superintendent of Great Meadow Correctional Facility (2×) also: Cited "see, e.g."
2d Cir. · 1998 · confidence medium
“To prevail on [a] Sixth Amendment claim, [a] defendant must prove that counsel’s representation ‘fell below an objective standard of reasonableness’ judged by ‘prevailing professional norms.’ He must also show that ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’ ” United States v. Alli-Balogun, 72 F.3d 9, 11 (2d Cir.1995) (per curiam) (citation omitted) (quoting Strickland, 466 U.S. at 688, 694 , 104 S.Ct. 2052 ). 9 A. In reviewing Strickland claims, courts are instructed to “indul…
discussed Cited as authority (rule) Coates v. United States (2×)
D.C. · 1998 · confidence medium
Federal circuit courts which have decided the matter are divided on this issue. [12] Accordingly, as the Second Circuit has stated: "we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the *1105 authority in other circuits is split." United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995).
discussed Cited as authority (rule) United States v. Shawn J. McCafferty
2d Cir. · 1996 · confidence medium
There is no clear error here, especially since in the past we have not even "see[n] how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts is split." United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (per curiam). 8 McCafferty counters, without citing authority, that, because the district court "raised the issue sua sponte, gave the parties an opportunity to be heard, and rendered a written decision," appellate review should not be on the plain-error standard.
cited Cited as authority (rule) Macon v. United States
S.D.N.Y. · 1996 · confidence medium
Strickland, 466 U.S. at 694 , 104 S.Ct. at 2068 ; United States v. Alli-Balogun, 72 F.3d 9, 11 (2d Cir.1995).
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Edward William THOMPSON, Defendant-Appellant
9th Cir. · 1996 · confidence medium
The Second Circuit has recently remarked, “we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuits is split.” United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995).
discussed Cited "see" Alli-Balogun v. United States (2×)
E.D.N.Y · 2015 · signal: see · confidence high
See United States v. Alli-Balogun, 72 F.3d 9, 10 (2d Cir.1995).
discussed Cited "see" Darryl Johnson v. Warden
11th Cir. · 2013 · signal: see · confidence high
See United States v. Alli-Balogun, 72 F.3d 9, 12-13 (2d Cir.1995) (determining that the failure to give a unanimity instruction as to a continuing criminal enterprise charge was not plain error, as neither the Second Circuit nor the Supreme Court had addressed the issue, and declining to decide whether such an instruction was required).
cited Cited "see" United States v. Alli-Balogun
2d Cir. · 2012 · signal: see · confidence high
See United States v. Alli-Balogun, 72 F.3d 9 (2d Cir.1995).
cited Cited "see" United States v. Carlton
4th Cir. · 2001 · signal: see · confidence high
See Neal, 101 F.3d at 998 (citing United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995)).
discussed Cited "see" United States v. Torry
4th Cir. · 1998 · signal: see · confidence high
See United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (stating that "we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts is split").
discussed Cited "see, e.g." (HC) Gelazela v. White
E.D. Cal. · 2021 · signal: see also · confidence medium
Cal. May 1, 2020) (explaining that “[o]nly the original sentencing court can entertain” 6 requests for compassionate release under 18 U.S.C. § 3582 (c)(1)(A) and that a habeas petitioner 7 “may not short-circuit this requirement to file in the sentencing district by petitioning for such 8 relief pursuant to Section 2241 in the custodial district”); see also United States v. Ono, 72 F.3d 9 101, 102 (9th Cir. 1995) (explaining that a motion under § 3582(c) “is undoubtedly a step in the 10 criminal case” that “requires the [sentencing] court to reexamine the original sentence”).…
discussed Cited "see, e.g." United States v. City of New York
2d Cir. · 2013 · signal: see, e.g. · confidence medium
See, e.g., Blue v. Koren, 72 F.3d 9 1075, 184 (2d Cir. 1995) (requiring “particularized evidence of direct 10 or circumstantial facts” bearing on improper motive in order to resist 11 defendant’s motion for summary judgment). 12 At the same time, we cannot agree with the District Court that the 13 record revealed “copious evidence” of the officials’ intent to 14 discriminate.
discussed Cited "see, e.g." United States v. Sparks
4th Cir. · 2009 · signal: see also · confidence medium
See United States v. Gastiaburo, 16 F.3d 582, 588 (4th Cir.1994); see also United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (“we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts is split”).
discussed Cited "see, e.g." United States v. Zehrbach
4th Cir. · 2004 · signal: see also · confidence medium
See United States v. Karam, 201 F.3d 320, 330-31 (4th Cir.2000)(failure to object to denial of allocution is reviewed only for plain error, and if guidelines were properly applied, Defendants are not prejudiced and error is not plain); United States v. Ford, 88 F.3d 1350, 1355-56 (4th Cir.1996); United States v. Grubb, 11 F.3d 426, 440 (4th Cir.1993) (failure to object to sentencing errors below results in waiver of those arguments on appeal unless error was plain error); see also, United States v. Torry, 166 F.3d 1211 (4th Cir.1998) (Table unpublished)("[A]ssuming without deciding that the di…
cited Cited "see, e.g." United States v. Martin
3rd Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995).
discussed Cited "see, e.g." United States v. Wayne Lee Marshall
10th Cir. · 2002 · signal: see also · confidence medium
The plain error standard requires an error that is “clear” or “obvious” that “affect[s] substantial rights” meaning usually “that the error must have been prejudicial.” United States v. Olano, 507 U.S. 725, 732-35 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993); see also United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (if Supreme Court and controlling circuit have not spoken on subject, error cannot be plain where authority in other circuits is split).
discussed Cited "see, e.g." United States v. Wayne Lee Marshall
10th Cir. · 2002 · signal: see also · confidence medium
The plain error standard requires an error that is “clear” or “obvious” that “affect[s] substantial rights” meaning usually “that the error must have been prejudicial.” United States v. Olano, 507 U.S. 725, 732-35 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993); see also United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (if Supreme Court and controlling circuit have not spoken on subject, error cannot be plain where authority in other circuits is split).
discussed Cited "see, e.g." United States v. Boyd
2d Cir. · 2000 · signal: see, e.g. · confidence medium
See, e.g., United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (“We do not see how [there] can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuits is split.”).
discussed Cited "see, e.g." United States v. Whitt Neal
4th Cir. · 1996 · signal: see also · confidence medium
See United States v. Gastiaburo, 16 F.3d 582, 588 (4th Cir.) (looking to authority from other circuits to determine whether error was plain), cert. denied, — U.S. -, 115 S.Ct. 102 , 130 L.Ed.2d 50 (1994); see also United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995)’(stating that “we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts-is split”).
discussed Cited "see, e.g." United States v. Neal
4th Cir. · 1996 · signal: see also · confidence medium
See United States v. Gastiaburo, 16 F.3d 582 , 588 (4th Cir.) (looking to authority from other circuits to determine whether error was plain), cert. denied, 115 S. Ct. 102 (1994); see also United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir. 1995) (stating that "we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts is split").
discussed Cited "see, e.g." United States v. Escobar-Orejuela
E.D.N.Y · 1995 · signal: see also · confidence medium
See also United States v. Alli-Balogun, 72 F.3d 9, 11 (2d Cir.1995) (allowing a cooperating witness to testify as background “that [defendant] introduced him to heroin trafficking and [to explain] how the conspirators came to be involved with each other”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Hakeem Olayinka ALLI-BALOGUN, Also Known as Ralph Badmus, Defendant-Appellant
570, Docket 95-1161.
Court of Appeals for the Second Circuit.
Dec 8, 1995.
72 F.3d 9
1995 U.S. App. LEXIS 34757
David H. Weiss, New York City, for Defendant-Appellant., Jason Brown, Asst. U.S. Attorney, New York City, for Appellee.
Feinberg, Oakes, Calabresi.
Cited by 50 opinions  |  Published
PER CURIAM:

After an eleven-month investigation into the activities of a heroin smuggling ring, Hakeem Olayinka Alli-Balogun (Balogun) was arrested and charged with engaging in a continuing criminal enterprise to import heroin, conspiring to import heroin, and importing heroin. At trial, the government showed that six “investors” provided varying amounts of money for each smuggling trip. Between April 1991 and May 1992, thirteen such trips were conducted. At least twenty-two kilograms of heroin were successfully smuggled through these trips. The evidence adduced at trial to show Balogun’s participation in the smuggling ring was over[*11] whelming. The jury convicted Balogun of engaging in a continuing criminal enterprise to import heroin, in violation of 21 U.S.C. § 848(a); conspiring to import heroin, in violation of 21 U.S.C. § 963; and three counts of importing heroin into the United States, in violation of 21 U.S.C. §§ 952(a) and 960. Balogun was sentenced to a term of 360 months in prison and a special assessment of $300, to be followed by a five year term of supervised release. He argues that his conviction should be reversed because 1) he was deprived of effective assistance of counsel; 2) the district court erred by admitting evidence of other bad acts; and 3) the district court erred by failing to instruct the jury that it must unanimously agree on which three narcotics violations constituted the series of violations needed to satisfy the continuing criminal enterprise statute.

Defendant argues that his Sixth Amendment right to effective assistance of counsel was violated because his counsel did not understand the continuing criminal enterprise statute, 21 U.S.C. § 848(a). Specifically, he contends that his counsel should have argued that his role in the smuggling ring was merely a passive one. To prevail on this Sixth Amendment claim, defendant must prove that counsel’s representation “fell below an objective standard of reasonableness” judged by “prevailing professional norms.” Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). He must also show that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694, 104 S.Ct. at 2068. Defendant does not satisfy either prong of Strickland. The government had to show that Balogun occupied a managerial position in the charged criminal enterprise, and the government’s evidence at trial easily met this burden. Balogun provided a heroin source in Thailand, sent money abroad to pay for the heroin, picked the routes that couriers used to come to the United States, greeted couriers upon their return, and sold the heroin for profit. Given this evidence, it is hard to understand how the defendant’s trial counsel could have argued that Balogun was a passive investor. And there is no evidence to suggest that “but for counsel’s ... errors,” the result would have been different. We therefore find that defendant’s Sixth Amendment right to effective assistance of counsel was not violated.

Defendant also argues that the district court erred by allowing evidence of prior bad acts. In particular, defendant objects to the introduction of the testimony of Adekunle Lawal, Balogun’s cousin and a cooperating witness. At trial, Lawal testified that Balo-guh introduced him to heroin trafficking and explained how the conspirators came to be involved with each other. Defendant argues that the court wrongly permitted Lawal to testify to events that occured between 1988 and 1990 and to state that Balogun stored heroin during this time in an apartment that Balogun permitted Lawal to use. He also argues that the court erred by permitting Lawal to testify that Balogun had hired a courier to smuggle heroin by swallowing heroin-filled balloons, and, finally, to testify that in 1988, Lawal had been the victim of a drug “ripoff” in which he lost 300 grams of heroin that belonged to Balogun.

Evidence of other crimes, wrongs, or acts is admissible under Rule 404(b) of the Federal Rules of Evidence if such evidence is relevant to issues such as intent, knowledge, preparation, plan, and absence of mistake or accident, and if, under Rule 403, the probative value of the evidence is not substantially outweighed by the risk of unfair prejudice. We have held that evidence of other bad acts is admissible “as long as the evidence is not offered to prove propensity” and its probative value is not outweighed by its prejudicial impact. United States v. Levy, 731 F.2d 997, 1002 (2d Cir.1984). Defendant argues that Lawal’s testimony was prejudicial because Lawal was a blood relative and because the prior act of hiring an alimentary smuggler may have evoked antipathy from the jury. Defendant has, however, made no argument that even suggests that Lawal’s testimony was more prejudicial than probative. Lawal’s testimony filled in the background of the conspiracy, and neither Lawal’s relationship to the defendant nor the hiring of an alimentary smuggler, under the circumstances, is a strong source of prejudice.[*12] Judge Weinstein instructed the jury that the evidence was admitted to show only “the relationship among the witnesses” and that the jury should not “convict the defendant if you think he committed a crime other than the one he is charged with.” In the circumstances of this case, such an instruction was sufficient to avoid the danger, if any existed, of unfair prejudice. See United States v. Mickens, 926 F.2d 1323, 1328-29 (2d Cir.1991), ce rt. denied, 502 U.S. 1060, 112 S.Ct. 940, 117 L.Ed.2d 111 (1992).

Balogun finally claims that the district court committed plain error when it failed to instruct the jury that it had to agree unanimously as to which three drug violations constituted the basis for the continuing criminal enterprise charge. Defendant’s principal support for this claim is United States v. Edmonds, 52 F.3d 1236, 1242-43 (3d Cir.1995) (reversing a conviction where a judge refused to charge the jury, as requested by defense counsel, that it had to agree unanimously as to which three drug violations constituted the “continuing series of violations” required by statute), rehearing en banc granted and opinion vacated, June 29, 1995. In Edmonds, defense counsel requested such an instruction at trial. Id. at 1243. Because defense counsel in the instant case did not request such an instruction, defendant must prove that the district court committed plain error under Fed.R.Crim.P. 52(b). In United States v. Anderson, 859 F.2d 1171 (3d Cir.1988), the Third Circuit upheld a conviction where no objection was made to the absence of such a jury instruction. The failure to instruct the jury was not, Anderson held, plain error. Id. at 1175-76. Edmonds did not contradict Anderson, instead it explicitly stated that the failure to instruct the jury that they had to agree unanimously on which three drug violations were the basis of the charge “may not have been plain error.” 52 F.3d at 1243. The Seventh Circuit has held that unanimity as to the three acts is not required under the statute, and hence, that the failure to provide the jury with particularized unanimity instructions is not error at all. See United States v. Canino, 949 F.2d 928, 947-48 (7th Cir.1991), cert. denied, 503 U.S. 996, 112 S.Ct. 1701, 118 L.Ed.2d 410 (1992).

We believe that the failure to instruct the jury that it had to agree unanimously as to which three drug violations constituted the “continuing series of violations” required by the Continuing Criminal Enterprise statute was not plain error. Plain error requires an “error” that must be “clear” or “obvious” and that must “affec[t] substantial rights,” which “in most cases ... means that the error must have been prejudicial....” United States v. Olano, 507 U.S. 725, 732-35, 113 S.Ct. 1770, 1777-78, 123 L.Ed.2d 508 (1993). See also United States v. Birbal, 62 F.3d 456, 461 (2d Cir.1995) (applying Olano); United States v. Keller, 58 F.3d 884, 889 (2d Cir.1995) (“Plain error exists where an error or defect affects a defendant’s substantial rights and results in a manifest injustice.”).

First and foremost, on the facts of this ease, we do not see how an error can be plain error when the Supreme Court and this court have not spoken on the subject, and the authority in other circuit courts is split. In Olano, the Supreme Court stated that “[a]t a minimum, the Court of Appeals cannot correct an error pursuant to Rule 52(b) unless the error is clear under current law.” 507 U.S. at 734, 113 S.Ct. at 1777.

Judge Weinstein, moreover, instructed the jury that “[ajny verdict must be unanimous.” In other contexts, we have held that a failure to instruct the jury specifically as to the unanimity required for a particular count was not plain error where the court gave a general instruction akin to that given by Judge Weinstein in this case. See United States v. Shaoul, 41 F.3d 811, 818 (2d Cir.1994) (holding that, in a case where a general unanimity instruction was given but not a specific one concerning the unanimity required for the jury to find an overt act in a conspiracy, “[e]ven in circumstances where it might have been advisable as a matter of sound policy to give ‘specific’ unanimity instructions ... failure to give such instructions does not constitute plain error”) (footnote omitted); United States v. Peterson, 768 F.2d 64, 68 (2d Cir.) (holding that the failure to provide a specific unanimity instruction, in a case concerning possession of heroin with intent to distribute,[*13] is not plain error), cert. denied, 474 U.S. 923, 106 S.Ct. 257, 88 L.Ed.2d.264 (1985). We have occasionally gone further and held that, under some statutes, specific instructions were not needed at all. See United States v. Schiff, 801 F.2d 108, 114-15 (2d Cir.1986) (tax evasion), cert. denied, 480 U.S. 945, 107 S.Ct. 1603, 94 L.Ed.2d 789 (1987); United States v. Murray, 618 F.2d 892, 898 (2d Cir.1980) (conspiracy).

We do not need to decide whether the statute before us requires a specific unanimity instruction, and whether a failure to give such a unanimity instruction, had it been requested, would have been reversible error. Cf. Eric S. Miller, Note, Compound-Complex Criminal Statutes and the Constitution: Demanding Unanimity as to Predicate Acts, 104 Yale L.J. 2277 (1995). It is enough to say that the consistent approach of this Circuit to issues analogous to the one before us supports our conclusion that the failure to give such an instruction in this case does not constitute plain error.

We have examined all of Appellant’s arguments and find them to be without merit. Accordingly, we affirm the decision of the district court.