FINESTONE

v.

UNITED STATES

Citator

Cited By (19 total)

• United States v. Hogan, 986 F.2d 1364 (11th Cir. 1993)
  …sed liability is similarly unavailing. Withdrawal from a conspiracy is only a defense if the actor affirmatively withdrew; it is not enough that he merely ceased to participate. In United States v. Finestone, 816 F. 2d 583 (11th Cir.), cert. denied, 484 U.S. 948, 108 S.Ct. 338, 98 L.Ed.2d 365 (1987), we held: To establish that he withdrew from a conspiracy, the defendant must prove that he undertook affirmative steps, inconsistent with the objects of the conspiracy, to disavow or to defeat the conspiratoria…
• United States v. Terzado-Madruga, 897 F.2d 1099 (11th Cir. 1990)
  …o a cutting agent in the cocaine as “rat poison.” The district court possesses broad discretion to admit evidence if it has any tendency to prove or disprove a fact in issue. United States v. Finestone, 816 F. 2d 583, 585 (11th Cir.), cert. denied, 484 U.S. 948, 108 S.Ct. 338, 98 L.Ed.2d 365 (1987). Conversely, the court’s discretion to exclude evidence under Rule 403 is limited. Evidence may be excluded only when “its probative value is substantially outweighed by the danger of unfair prejudice.” Fed.R.Ev…
• United States v. Elkins, 885 F.2d 775 (11th Cir. 1989)
  …e danger of unfair prejudice substantially outweighs the probative value of the evidence. Rule 403 is an extraordinary remedy which the district court should invoke sparingly. United States v. Finestone, 816 F. 2d 583, 585 (11th Cir.), cert. denied, 484 U.S. 948, 108 S.Ct. 338, 98 L.Ed.2d 365 (1987). The balance under Rule 403 should be struck in favor of admissibility. United States v. Norton, 867 F. 2d at 1361. In determining whether the district court erred in failing to exclude relevant evidence under R…