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. Colkley
  899 F.2d 297· 4th Cir.· 1990-03-27 ·cited 16×
  The court held that an arrest warrant affidavit's omission of potentially exculpatory information does not require suppression of post-arrest statements if the defendant cannot show the affiant intended to mislead the magistrate, and probable cause would still exist with the omit
• United States v. Suntar Roofing, Inc.
  897 F.2d 469· 10th Cir.· 1990-02-27 ·cited 16×
  The court held that a horizontal customer allocation agreement constitutes a per se violation of Section 1 of the Sherman Act, and that sufficient evidence supported the jury's finding of a conspiracy and an effect on interstate commerce.
• United States v. DeCLUE
  899 F.2d 1465· 6th Cir.· 1990-02-05 ·cited 16×
  The court held that the defendant's right to a speedy trial was not violated, the evidence was sufficient to sustain convictions for tax evasion and false statements, and the district court did not err in admitting certain evidence or expert testimony.
• United States v. York
  888 F.2d 1050· 5th Cir.· 1989-11-09 ·cited 16×
  The court held that a motion for judicial recusal raised for the first time on appeal is generally untimely, and that convictions under 18 U.S.C. §§ 1001 and 1014 for the same act do not violate double jeopardy if Congress intended cumulative punishments.
• United States v. Mazzanti
  888 F.2d 1165· 7th Cir.· 1989-11-01 ·cited 16×
  The court held that the trial court did not err in excluding evidence of a motorcycle gang, admitting rebuttal testimony regarding prior drug discussions, denying a severance motion, or refusing a multiple conspiracy instruction.
• Rosenburg v. Lincoln Am. Life Ins. Co.
  883 F.2d 1328· 7th Cir.· 1989-08-28 ·cited 16×
  The court held that there was sufficient evidence for the jury to find that the insurance company waived policy conditions through its agents' conduct and that its denial of the claim was unreasonable and vexatious.
• United States v. Carroll
  871 F.2d 689· 7th Cir.· 1989-04-03 ·cited 16×
  The court held that the appellant waived his argument regarding the admissibility of evidence under Fed.R.Evid. 404(b) by failing to make a specific objection at trial, and the evidence was sufficient to support the conviction.
• United States v. Oppon
  863 F.2d 141· 1st Cir.· 1988-12-13 ·cited 16×
  The court held that 'other acts' evidence is admissible under Rule 404(b) even when the defense is a general denial, and that allowing a juror to take notes during trial was not an abuse of discretion.
• United States v. Ira Paul Citron
  853 F.2d 1055· 2d Cir.· 1988-08-08 ·cited 16×
  Collateral estoppel does not bar the government from offering evidence in a tax evasion retrial because the defendant failed to establish that the jury verdict in his first trial necessarily determined the facts at issue in his favor, especially given inconsistent verdicts.
• United States v. Segal
  852 F.2d 1152· 9th Cir.· 1988-07-26 ·cited 16×
  The court held that a bank customer can be liable for aiding and abetting the failure to file currency transaction reports if they conspire with a bank officer, and that a conspiracy to defraud the United States under 18 U.S.C. § 371 can be punished as a felony even if the underl
• United States v. Doyle E. Campbell
  845 F.2d 1374· 6th Cir.· 1988-04-12 ·cited 16×
  The court should have excluded testimony of patients not listed in the indictment as it was improperly admitted under Rule 404(b) to prove character rather than intent for the charged offenses.
• United States v. Pina
  844 F.2d 1· 1st Cir.· 1988-01-22 ·cited 16×
  The court affirmed the weapons convictions and affirmed in part, modified in part, and vacated and remanded in part the contempt convictions. It held that the defendant knowingly waived counsel, that certain inflammatory evidence was harmless error, and that some contempt sentenc
• United States v. Viera
  819 F.2d 498· 5th Cir.· 1987-06-03 ·cited 16×
  The dissenting judge believes the case should be remanded to the district court to develop facts regarding alleged prosecutorial misconduct before ruling on the conviction's reversal.
• United States v. Leight
  818 F.2d 1297· 7th Cir.· 1987-05-05 ·cited 16×
  The court held that "similar act" evidence of prior abuse of other children was admissible under Federal Rule of Evidence 404(b) to show absence of accident, that copies of a destroyed X-ray were admissible, and that sufficient evidence supported the jury's finding that the murde
• United States v. Passarella
  788 F.2d 377· 6th Cir.· 1986-04-17 ·cited 16×
  The court held that law enforcement officers lawfully on premises may answer incoming telephone calls without violating the Fourth Amendment or Title III, and that evidence of prior similar acts is admissible to prove conspiracy.
• United States v. Brown
  785 F.2d 587· 7th Cir.· 1986-03-06 ·cited 16×
  The court held that the trial court did not commit reversible error by limiting the defendant's testimony, refusing a necessity defense instruction, admitting evidence of subsequent bad acts, or mishandling the presentence investigation report.
• United States v. Gillis
  773 F.2d 549· 4th Cir.· 1985-09-18 ·cited 16×
  The court held that pathological gambling, by itself, does not constitute a mental disease or defect under the ALI test for insanity, and that the trial court did not err in so instructing the jury. The court also found no abuse of discretion in admitting expert testimony regardi
• United States v. Multi-Management, Inc.
  743 F.2d 1359· 9th Cir.· 1984-09-28 ·cited 16×
  The court held that the evidence was sufficient to convict Monforton of conspiracy, the tardy disclosure of exculpatory material did not constitute reversible error, the denial of the motion to withdraw counsel was proper, and the admission of evidence of other transactions and t
• United States v. Johnson
  734 F.2d 503· 10th Cir.· 1984-05-15 ·cited 16×
  The court held that the inventory search was lawful, evidence of past drug transactions was admissible, and the jury instruction on the lesser included offense was not required.
• United States v. Bein
  728 F.2d 107· 2d Cir.· 1984-02-13 ·cited 16×
  The court affirmed the convictions, holding that the contracts sold were illegal commodity options and that various evidentiary and procedural rulings by the trial court were proper.
• United States v. Chaim Levy
  731 F.2d 997· 2d Cir.· 1984-01-31 ·cited 16×
  The court held that a search incident to a lawful arrest is permissible, even if the arrest warrant was not obtained despite ample opportunity. However, evidence of a prior, distinct drug transaction, even if related, must be analyzed under Federal Rules of Evidence 404(b) and 40
• United States v. Montoya
  716 F.2d 1340· 10th Cir.· 1983-09-12 ·cited 16×
  The court held that presenting false claims to an intermediary state agency, funded by federal money under a federal program, violates the False Claims Act, and that the withholding of impeachment evidence was not material to the outcome.
• United States v. Koessel
  706 F.2d 271· 8th Cir.· 1983-05-12 ·cited 16×
  The court held that the appellant's arrest was supported by probable cause, the evidence seized was admissible, and evidentiary rulings were not erroneous.
• United States v. Gutierrez
  696 F.2d 753· 10th Cir.· 1982-12-14 ·cited 16×
  The court held that the indictments were valid, evidence of other crimes was admissible, and testimony derived from a transactional immunity agreement was permissible.
• United States v. Lewis
  693 F.2d 189· D.C. Cir.· 1982-11-12 ·cited 16×
  The court held that the admission of extrinsic evidence to show a plan or scheme, and the timing of the limiting instruction, did not constitute reversible error because the appellant was not substantially prejudiced.
• United States v. Hilton Robinson
  687 F.2d 359· 11th Cir.· 1982-09-30 ·cited 16×
  The court held that the evidence was sufficient to establish the statutory minimum value of the stolen goods and that the admission of evidence of other crimes and the judge's conduct did not constitute reversible error.
• United States v. Rubio-Gonzalez
  674 F.2d 1067· 5th Cir.· 1982-05-06 ·cited 16×
  The court held that the evidence was sufficient to support the conviction for willfully and knowingly shielding illegal aliens from detection, and that the admission of prior immigration records was proper to show knowledge and state of mind.
• United States v. Krezdorn
  639 F.2d 1327· 5th Cir.· 1981-03-19 ·cited 16×
  The admission of thirty-two additional forgeries not charged in the indictment, offered to show a plan or scheme, constituted reversible error because they did not establish a larger goal and merely demonstrated propensity, thus violating Federal Rule of Evidence 404(b).
• United States v. Logan
  641 F.2d 860· 10th Cir.· 1981-02-25 ·cited 16×
  The court held that a corporation established under the Indian Financing Act, even if also chartered under state law, qualifies as an Indian tribal organization under 18 U.S.C. § 1163. The court also held that an expert's opinion on whether funds were improperly taken is admissib
• United States v. Goehring
  585 F.2d 371· 8th Cir.· 1978-10-18 ·cited 16×
  The court held that evidence of other crimes was admissible and that newly discovered evidence did not warrant a new trial.
• United States v. Aaron
  553 F.2d 43· 8th Cir.· 1977-04-13 ·cited 16×
  The court held that the prosecutor's use of peremptory challenges did not demonstrate systematic exclusion of black jurors, and a mistrial was not warranted for a witness's volunteered testimony of other criminal activity.
• United States v. Hines
  955 F.2d 1449· 11th Cir.· 1992-03-17 ·cited 15×
  The Eleventh Circuit reversed the convictions of Luke K. Hines and Fred Crenshaw III for aggravated sexual assault and aiding and abetting. The court held that while the district court did not err in its jury instructions regarding consent or in allowing testimony about aliases,
• United States v. Holley
  942 F.2d 916· 5th Cir.· 1991-09-13 ·cited 15×
  The court held that the district court committed reversible error by failing to instruct the jury that it must unanimously agree on at least one specific false statement within each count of the indictment. The court also found the alleged false statements were material to the un
• Labib Ismail v. Cohen
  899 F.2d 183· 2d Cir.· 1990-03-27 ·cited 15×
  The court held that the first jury's damage award was fair and reasonable, reversing the district court's remittitur and reinstating the original verdict. It also affirmed the district court's rulings on jurisdiction and evidence.
• United States v. Mount
  896 F.2d 612· 1st Cir.· 1990-02-20 ·cited 15×
  The court held that the evidence was sufficient to sustain the conviction for transporting stolen documents, and that the denial of funds for foreign witnesses was not an abuse of discretion.
• United States v. Shriver
  842 F.2d 968· 7th Cir.· 1988-03-29 ·cited 15×
  The court held that the district court did not err in admitting testimony regarding the defendant's business dealings, that there was sufficient evidence to convict on two counts, and that the determination of materiality of false statements under 18 U.S.C. § 1014 is a question o
• United States v. Trudie P. Westmoreland
  841 F.2d 572· 5th Cir.· 1988-03-23 ·cited 15×
  The court held that 18 U.S.C. § 666 applies even if federal funds are not directly traceable to the specific transactions, and that the admission of certain prejudicial evidence and the sufficiency of evidence for extortion and mail fraud were not grounds for reversal.
• United States v. Massell
  823 F.2d 1503· 11th Cir.· 1987-08-07 ·cited 15×
  The court held that the denial of the motion to suppress was proper because the appellant had standing and consented to the search, and the search was a lawful border search. The court also held that the denial of the motion to admit the co-defendant's guilty plea and the denial
• United States v. Holt
  817 F.2d 1264· 7th Cir.· 1987-04-28 ·cited 15×
  The court held that the admission of evidence of prior misconduct was not an abuse of discretion, and that prosecutorial misconduct did not deprive the defendant of a fair trial.
• United States v. Blanton
  793 F.2d 1553· 11th Cir.· 1986-07-23 ·cited 15×
  The court held that the evidence was sufficient to sustain convictions for conspiracy to extort, extortion by threats, and solicitation, and that the trial court did not err in its jury instructions or in admitting evidence of prior criminal records.
• United States v. Smalley
  754 F.2d 944· 11th Cir.· 1985-03-08 ·cited 15×
  The court held that the joinder of offenses was proper, the extortion counts were not multiplicitous, and the trial judge's comments and the use of impeachment evidence did not constitute reversible error.
• United States v. Harland G. "Skip" Fitterer
  710 F.2d 1328· 8th Cir.· 1983-06-30 ·cited 15×
  The court held that the obstruction of a criminal investigation statute can be violated by procuring a third party's misrepresentation, even if the defendant did not directly make a misrepresentation. It also held that evidence of prior similar insurance fraud schemes is admissib
• United States v. Figueroa
  976 F.2d 1446· 1st Cir.· 1992-10-07 ·cited 14×
  The court affirmed the convictions, finding no reversible error in the denial of severance motions, evidentiary rulings, or the admission of tape transcripts and background hearsay.
• United States v. Greenwood
  974 F.2d 1449· 5th Cir.· 1992-10-02 ·cited 14×
  The court held that it has jurisdiction over the government's cross-appeal of sentences and that the district court erred in sentencing based on a lower schedule of controlled substances. The court affirmed convictions but vacated sentences for resentencing.
• United States v. Schweihs
  971 F.2d 1302· 7th Cir.· 1992-08-06 ·cited 14×
  The court held that the admission of prior bad acts evidence under Rule 404(b) was not an abuse of discretion, and the district court properly considered the probative value against prejudice when deciding on redaction of offensive language. The court also found no abuse of discr
• United States v. Ramirez-Jiminez
  967 F.2d 1321· 9th Cir.· 1992-06-22 ·cited 14×
  The court affirmed the conviction but vacated the sentence, remanding for resentencing because the district court failed to adequately justify the extent of the upward departure.
• United States v. Walt Anthony Sturmoski
  971 F.2d 452· 10th Cir.· 1992-06-03 ·cited 14×
  The court affirmed the conviction and sentence, holding that the search warrant was valid, evidence was properly admitted, and the sentence was not excessive or in violation of double jeopardy principles.
• United States v. Harvey
  959 F.2d 1371· 7th Cir.· 1992-03-10 ·cited 14×
  The court held that the district court did not err in admitting evidence of other crimes for the purpose of showing intent, in excluding certain defense evidence, or in limiting cross-examination, and that the defendant waived several other claims.
• United States v. Robinson
  956 F.2d 1388· 7th Cir.· 1992-02-27 ·cited 14×
  The court held that the evidence was sufficient to support a finding of a single conspiracy and that the district court did not err in admitting co-conspirator statements, jury instructions, tape recordings, transcripts, or evidence of prior marijuana conspiracy and imprisonment.
• United States v. Limehouse
  950 F.2d 501· 7th Cir.· 1991-12-11 ·cited 14×
  The court held that the defendant's claims of ineffective assistance of counsel and insufficient evidence to support her conviction lacked merit.