Federal Rule Of Evidence 404(B)

1,318 Florida cases classified under this topic, plus 7 listed through its narrower topics · sorted by citation count · browse and sort

• United States v. LEW
  875 F.2d 219· 9th Cir.· 1989-05-12 ·cited 21×
  Convictions for mail fraud are reversed because the jury instructions allowed conviction without proof that the defendant intended to obtain money or property from the party deceived. Convictions for making false statements are affirmed.
• United States v. Comerford
  857 F.2d 1323· 9th Cir.· 1988-09-21 ·cited 21×
  The court held that the appellant waived his objection to the sufficiency of the evidence by failing to renew his motion for judgment of acquittal, and that the district court did not abuse its discretion in excluding evidence of the victim's subsequent battery.
• United States v. Nahoom
  791 F.2d 841· 11th Cir.· 1986-06-17 ·cited 21×
  The court held that inconsistent verdicts are permissible if supported by sufficient evidence, extrinsic offense evidence was admissible, and the denial of a mistrial and refusal of an absent witness instruction were not abuses of discretion.
• United States v. Marino
  617 F.2d 76· 5th Cir.· 1980-05-12 ·cited 21×
  The court held that there was sufficient evidence to support the jury's verdict and that the trial court did not err in admitting evidence or denying severance.
• United States v. Woods
  613 F.2d 629· 6th Cir.· 1980-01-03 ·cited 21×
  The court held that evidence of other crimes and weapons found were admissible to prove identity.
• United States v. Lasanta
  978 F.2d 1300· 2d Cir.· 1992-10-21 ·cited 20×
  The court held that the warrantless seizure of a vehicle for civil forfeiture, without probable cause or a warrant, violates the Fourth Amendment, but the admission of evidence derived from such seizure can be harmless error. The court also held that evidence of prior drug transa
• United States v. Sitton
  968 F.2d 947· 9th Cir.· 1992-07-02 ·cited 20×
  The court held that the district court erred in refusing to instruct the jury on the lesser included offense of simple possession for Dewbre and Sitton. The court also affirmed other convictions and evidentiary rulings.
• United States v. Lewis
  954 F.2d 1386· 7th Cir.· 1992-01-27 ·cited 20×
  The court affirmed the conviction and sentence, finding that while some evidentiary rulings were erroneous, they did not affect substantial rights, and other challenges lacked merit.
• United States v. Fells
  920 F.2d 1179· 4th Cir.· 1990-12-10 ·cited 20×
  The court held that post-offense conversations were admissible under Rule 404(b) to show intent and role, and that the sentencing enhancement for being an organizer or leader applied based on relevant conduct, not just the offense of conviction.
• United States v. Boise
  916 F.2d 497· 9th Cir.· 1990-08-29 ·cited 20×
  The court should reverse the conviction because the evidence is insufficient to prove guilt beyond a reasonable doubt.
• United States v. Johnson
  892 F.2d 707· 8th Cir.· 1989-12-20 ·cited 20×
  Allowing jurors to question witnesses, particularly the defendant, is inherently prejudicial and distorts the adversarial system, but in the absence of a proper objection, it does not constitute plain error.
• United States v. Tejada
  886 F.2d 483· 1st Cir.· 1989-10-04 ·cited 20×
  The court held that the district court did not err in admitting testimony about a drug ledger, excluding impeachment testimony, allowing testimony in Spanish with an interpreter, and denying a motion to merge possession and distribution counts.
• United States v. Blandina
  895 F.2d 293· 7th Cir.· 1989-07-12 ·cited 20×
  The court held that the district court did not err in denying the defendant's motions related to the Speedy Trial Act, continuances, and evidentiary rulings, and that sufficient evidence supported the tax evasion conviction.
• United States v. Johnson
  879 F.2d 331· 8th Cir.· 1989-07-10 ·cited 20×
  The court held that while evidence of a prior act was improperly admitted, the error was harmless due to overwhelming evidence of guilt, and the trial court did not err in applying the Sentencing Guidelines.
• United States v. Chase
  838 F.2d 743· 5th Cir.· 1988-02-12 ·cited 20×
  The court held that a jury can rationally find guilt for simple possession as a lesser included offense of possession with intent to distribute, even if the prosecution's evidence suggests distribution, and that cautionary instructions regarding extrinsic evidence were adequate.
• United States v. Unruh
  855 F.2d 1363· 9th Cir.· 1987-09-03 ·cited 20×
  The court held that the jury instruction on intent to injure or defraud was potentially misleading, and that the failure to instruct on the defense of board consent or good faith constituted reversible error for certain counts, requiring remand.
• Woodruff v. Lane
  818 F.2d 1369· 7th Cir.· 1987-05-18 ·cited 20×
  The court held that the admission of evidence of other home invasions for modus operandi, the sufficiency of the evidence, and prosecutorial misconduct did not rise to the level of constitutional error denying a fair trial.
• United States v. Galyen
  798 F.2d 331· 8th Cir.· 1986-08-13 ·cited 20×
  The court held that the admission of prior bad acts evidence was proper under Federal Rule of Evidence 404(b) and that the evidence was sufficient to support the jury's verdict.
• West v. Love
  776 F.2d 170· 7th Cir.· 1985-10-30 ·cited 20×
  The court held that the admission of evidence regarding the plaintiff's confinement in a segregation unit and his disciplinary history was proper, and that a post-trial threat by an officer to a witness did not warrant relief from judgment.
• United States v. Collins
  764 F.2d 647· 9th Cir.· 1985-06-25 ·cited 20×
  The court held that the evidence was sufficient to support the conviction, the district court did not abuse its discretion in admitting the appellant's statements and financial records, and the transfer of evidence from Customs to the DEA was valid.
• United States v. Reed
  715 F.2d 870· 5th Cir.· 1983-09-12 ·cited 20×
  The court held that the evidence was sufficient to sustain the defendants' convictions for conspiracy to commit extortion and interstate travel to commit extortion, and that the trial court did not err in denying their motions for acquittal or a new trial.
• United States v. Messersmith
  692 F.2d 1315· 11th Cir.· 1982-12-06 ·cited 20×
  The court held that a designation by a former Attorney General remains valid for authorizing electronic surveillance applications even after the Attorney General leaves office, and that the evidence seized from the aircraft was admissible as a border search.
• United States v. Skramstad
  649 F.2d 1259· 8th Cir.· 1981-06-08 ·cited 20×
  The court held that the affidavit supporting the search warrant was sufficient to establish probable cause, and the admission of evidence of other crimes was proper under Federal Rule of Evidence 404(b).
• United States v. Berry
  644 F.2d 1034· 5th Cir.· 1981-05-11 ·cited 20×
  The court affirmed the convictions, holding that the trial court properly limited cross-examination regarding the occasional sale defense, admitted co-conspirator statements, and that sufficient evidence supported the convictions.
• United States v. Robinson
  645 F.2d 616· 8th Cir.· 1981-04-08 ·cited 20×
  The court held that a brief, inadvertent sighting of a defendant in custody by a juror, without evidence of prejudice, does not warrant a mistrial.
• United States v. Monahan
  633 F.2d 984· 1st Cir.· 1980-11-21 ·cited 20×
  Evidence of threats to a witness is admissible to show consciousness of guilt, and its probative value outweighs its prejudicial effect under Rule 403 when the conduct is not innocuous.
• Harpring v. Cont'l OIL Co.
  628 F.2d 406· 5th Cir.· 1980-10-16 ·cited 20×
  The court held that the district court did not err in finding that age was not the cause of Harpring's discharge and that the exclusion of certain evidence was not an abuse of discretion.
• United States v. Ira Keith Witschner
  624 F.2d 840· 8th Cir.· 1980-07-03 ·cited 20×
  The court held that the district court did not abuse its discretion in admitting evidence of similar crimes, refusing to rule on a motion in limine prior to the defense case, or limiting cross-examination regarding a witness's father's parole status.
• United States v. Parker
  604 F.2d 1327· 10th Cir.· 1979-08-30 ·cited 20×
  A deferred judgment under Oklahoma law does not constitute a 'conviction' for federal firearm possession charges, and evidence of such a deferred judgment was improperly admitted at trial, requiring reversal of both the weapons and assault convictions.
• United States v. O'Brien
  601 F.2d 1067· 9th Cir.· 1979-08-02 ·cited 20×
  The court held that the trial court did not abuse its discretion in rejecting a guilty plea from a defendant who maintained his innocence, and that the admission of evidence of subsequent acts and calculations of overpayment, while potentially prejudicial, constituted harmless er
• United States v. Watkins
  600 F.2d 201· 9th Cir.· 1979-06-13 ·cited 20×
  The court held that the trial court did not err in admitting evidence of theft, co-conspirator declarations, or prior failure to file tax returns, as these were relevant to proving tax evasion and the trial judge did not abuse discretion in admitting them.
• United States v. Hall
  588 F.2d 613· 8th Cir.· 1978-12-08 ·cited 20×
  The court held that the trial court did not err in its voir dire, admission of prior convictions, or in entering judgment on the verdict due to sufficient evidence.
• United States v. Hockridge
  573 F.2d 752· 2d Cir.· 1978-03-27 ·cited 20×
  The court held that statements from jurors made after a partial verdict was recorded, even if before discharge, are generally inadmissible to impeach that verdict under Federal Rule of Evidence 606(b), and that the trial judge's discussion with the jurors, while potentially erron
• United States v. Pavon
  561 F.2d 799· 9th Cir.· 1977-09-27 ·cited 20×
  The court held that the denial of a mistrial was not error because the prejudicial effect of the probation officer's testimony, even if improper, was rendered harmless by the court's strong curative instruction and the overwhelming evidence of guilt.
• United States v. Cook
  557 F.2d 1149· 5th Cir.· 1977-08-19 ·cited 20×
  The admission of consent injunction documents, which did not admit wrongdoing, was an error under Rule 404(b) and Rule 403 because their probative value was substantially outweighed by the danger of unfair prejudice, particularly for defendant Cook.
• United States v. Batts
  558 F.2d 513· 9th Cir.· 1977-06-03 ·cited 20×
  The court held that admitting extrinsic evidence of prior bad acts to impeach a witness, when that evidence was illegally seized and the prosecution failed to properly cross-examine the witness on the matter, constitutes reversible error.
• United States v. Paul Y.B. Hahn
  960 F.2d 903· 9th Cir.· 1992-04-07 ·cited 19×
  Conduct extraneous to a conviction can be considered relevant for sentencing only if it meets specific criteria for similarity, regularity, and temporal proximity, and the government bears the burden of proving such relevance.
• United States v. Foster
  939 F.2d 445· 7th Cir.· 1991-08-06 ·cited 19×
  The court held that the district court did not abuse its discretion in admitting expert testimony regarding drug trafficking methods and a rap verse found in the defendant's notebook, as these were relevant to the defendant's knowledge and intent and were admitted with appropriat
• United States v. Rodriguez
  917 F.2d 1286· 11th Cir.· 1990-11-08 ·cited 19×
  The court held that the defendants' Batson objection was untimely and that the exclusion of evidence regarding alleged entrapment and lost tapes did not violate their rights.
• United States v. Tebha
  770 F.2d 1454· 9th Cir.· 1985-09-10 ·cited 19×
  The court held that the jury's consideration of an exhibit not admitted into evidence required a new trial, and that the district court erred in refusing to impose a mandatory special parole term.
• United States v. Naranjo
  710 F.2d 1465· 10th Cir.· 1983-07-05 ·cited 19×
  The court held that evidence of prior beatings was admissible to rebut the defense of accident, and that a crime scene photograph was not unfairly prejudicial. The evidence was sufficient to support the conviction.
• United States v. Sandor Regner
  677 F.2d 754· 9th Cir.· 1982-05-19 ·cited 19×
  The court held that the admission of evidence of prior insurance claims was not an abuse of discretion, a continuance granted was sufficient, and the admission of foreign public documents did not violate the defendant's Sixth Amendment rights.
• United States v. Litchfield
  959 F.2d 1514· 10th Cir.· 1992-03-24 ·cited 18×
  The court held that the four-point enhancement for being an organizer or leader was improper, but the obstruction of justice enhancement and consecutive sentencing were not. The conviction is affirmed, but the case is remanded for resentencing.
• United States v. Whalen
  940 F.2d 1027· 7th Cir.· 1991-08-14 ·cited 18×
  The court held that the government's use of the defendant's post-arrest voluntary statements was permissible impeachment, not a violation of Doyle v. Ohio, and that the exclusion of certain evidence and expert testimony was within the trial court's discretion.
• United States v. Aichele
  941 F.2d 761· 9th Cir.· 1991-07-30 ·cited 18×
  The court held that a defendant cannot be forced to waive their right to appeal or risk retrial by admitting guilt to receive a sentencing reduction for acceptance of responsibility.
• United States v. Bates
  917 F.2d 388· 9th Cir.· 1990-10-22 ·cited 18×
  A mistrial declared solely in the defendant's interest, even if an abuse of discretion, does not bar retrial under the Double Jeopardy Clause.
• United States v. Houser
  929 F.2d 1369· 9th Cir.· 1990-10-18 ·cited 18×
  The court held that the conviction was affirmed because the evidence supported a conspiracy charge and the admission of prior bad acts was not an abuse of discretion, but the sentence was vacated because prior convictions were improperly counted separately for career offender sta
• United States v. Oshatz
  912 F.2d 534· 2d Cir.· 1990-08-23 ·cited 18×
  The court held that the majority's rule excluding guilt-assuming hypothetical questions to opinion character witnesses is overly restrictive and ignores the discretion of trial judges.
• United States v. Blanton
  884 F.2d 973· 7th Cir.· 1989-09-05 ·cited 18×
  The court held that the admission of circumstantial evidence (Government Exhibits 5 and 6) was proper as it was relevant to the identity and weight of the drugs in question and not unduly prejudicial, and that there was sufficient evidence to convict the defendants.
• United States v. Traitz
  871 F.2d 368· 3d Cir.· 1989-03-22 ·cited 18×
  The court held that the absence of a page from an electronic surveillance order does not render it facially insufficient if the agency and authorizing official are otherwise identifiable, and that the jury instructions regarding the Hobbs Act and advice of counsel defenses were p