unfair prejudice. See United States v. Downing, 297 F.3d 52, 59 (2d Cir.2002). b.Heroin Sales Evidence The district court acted within its discretion in concluding that Serrano’s involvement in four heroin sales between December 2012 and January 2013 was not being offered to prove propensity but, rather, as direct evidence of the 2012 to July 2013 conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin. See United States v. Eppolito, 543 F.3d 25, 47 (2d Cir.2008) (“Where, as here, the indictment contains a conspiracy charge, uncharged acts may be admissible as direct evidence of the conspiracy itself.” (internal quotation marks omitted)). As such, this evidence was highly probative, see United States v. Concepcion, 983 F.2d 369, 392 (2d Cir. 1992) (<HOLDING>), and not unfairly prejudicial so as to
recognizing high probative value of act done in furtherance of conspiracy because it is part of the very act charged holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy recognizing requirement that defendant conspired to commit an overt act in state in furtherance of the conspiracy holding that venue is proper in any district where any act in furtherance of the conspiracy took place recognizing high probative value of evidence providing conduct that was part of the very act charged