BAILEY

v.

UNITED STATES

Citator

Cited By (14 total)

• United States v. Bailleaux, 685 F.2d 1105 (9th Cir. 1982)
  …35 L.Ed.2d 271 (1973) (evidence of prior illegal acts admissible to show material facts relating to conspiracy and to show that conspiracy was continuing along same lines); United States v. Oliphant, 525 F. 2d 505, 507 (9th Cir. 1975), cert. denied, 424 U.S. 972, 96 S.Ct. 1473, 47 L.Ed.2d 740 (1976) (evidence of prior offense admissible where there was a “striking similarity” in modus operandi). [*1111] The Government satisfied the prerequisites under Rule 404(b) with regard to the evidence of appellant’s p…
• United States v. Mancillas, 580 F.2d 1301 (7th Cir. 1978)
  …e not being offered to prove its truth, it could be said not to be nonadmissible as hearsay. In United States v. Gomez, 529 F. 2d 412, 416-17 (5th Cir. 1976), and United States v. Rodriguez, 524 F. 2d 485 (5th Cir. 1975) (per curiam), cert. denied, 424 U.S. 972, 96 S.Ct. 1474, 47 L.Ed.2d 741, however, the Fifth Circuit has held that such background tips should be excluded if they contain out-of-court statements that point directly to the defendant with a charge of crime. Accord, McCormick, supra, § 248 at…
• United States v. Hunter Brooks Brashier, 548 F.2d 1315 (9th Cir. 1976)
  …1326] Cir. 1975), cert. denied, 423 U.S. 1049, 96 S.Ct. 775, 46 L.Ed.2d 637 (1976). Moreover, evidence which bears “a common scheme, plan, system, or design” is admissible. Oliphant v. United States, 525 F. 2d 505, 507 (9th Cir. 1975), cert. denied, 424 U.S. 972, 96 S.Ct. 1473, 47 L.Ed.2d 740 (1976); United States v. Webb, 466 F. 2d 1352, 1353 (9th Cir. 1972). The court soundly exercised its discretion in admitting the evidence. Mindful of its possible prejudicial effect, the trial judge clearly instructed…