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

• Price v. Seydel
  961 F.2d 1470· 9th Cir.· 1992-04-24 ·cited 3×
  The court held that the magistrate judge abused discretion by preventing the plaintiff from calling the defendant as a witness, and that the exclusion of evidence regarding two sets of books may have been an abuse of discretion.
• United States v. Dynalectric Co.
  859 F.2d 1559· 11th Cir.· 1988-11-21 ·cited 3×
  The court held that the criminal antitrust conspiracy continued until the final payments were received under the illegal contract and the final distribution of illicit profits occurred, thus the indictment was timely filed within the five-year statute of limitations. The court al
• United States v. Parker
  699 F.2d 177· 4th Cir.· 1983-01-27 ·cited 3×
  The court held that falsely stating one is investigating a person's tax status constitutes 'acting as such' under 18 U.S.C. § 912, even without intent to defraud or obtaining a thing of value. Evidence of a subsequent, similar impersonation was admissible to show knowledge and in
• Glados, Inc. v. Reliance Ins. Co.
  888 F.2d 1309· 11th Cir.· 1982-09-03 ·cited 3×
  The court held that the admission of evidence of prior fires involving a third party was not an abuse of discretion, and the exclusion of a police investigator's arson conclusion was harmless error.
• United States v. Javarese Holmes
  141 F.4th 1183· 11th Cir.· 2025-06-23 ·cited 2×
  Javarese Holmes appealed his convictions for drug trafficking, felon in possession of firearms, and firearm possession in furtherance of drug crimes, challenging the searches of his vehicle and residence, the admission of text messages and expert testimony about drug dealer behav
• McLain v. Shulkin
  2016 WL 10647255· M.D. Fla.· 2022-03-01 ·cited 2×
  The court held that 'me too' evidence is admissible to show retaliatory motive or intent, but must be relevant and not unduly prejudicial, confusing, or cumulative.
• United States v. Dolan Wells
  995 F.2d 189· 11th Cir.· 1993-07-09 ·cited 2×
  The government appealed the district court's exclusion of evidence from an unrelated prior arrest for methamphetamine possession, arguing it was relevant to the conspiracy charge. The Eleventh Circuit reversed, holding that evidence of an uncharged offense arising from the same s
• United States v. Copelin
  996 F.2d 379· D.C. Cir.· 1993-06-25 ·cited 2×
  The court held that while admitting evidence of the defendant's positive drug tests for impeachment was proper, the failure to provide an immediate limiting instruction to the jury constituted plain error.
• United States v. Oles
  994 F.2d 1519· 10th Cir.· 1993-06-07 ·cited 2×
  The court held that the admission of evidence related to other banks was proper as it was inextricably intertwined with the charged offense, and that prosecutorial comments during closing arguments did not warrant reversal due to the invited response doctrine and curative jury in
• United States v. Brennan
  994 F.2d 918· 1st Cir.· 1993-06-03 ·cited 2×
  The court affirmed the convictions, finding sufficient evidence and no reversible error in the trial court's decisions regarding evidence, jury instructions, or procedural matters.
• United States v. Williams
  994 F.2d 1287· 8th Cir.· 1993-05-25 ·cited 2×
  The court held that evidence of presence at a later drug deal was admissible under Rule 404(b) to establish identity, and that the defendant's counsel was not ineffective. The court also affirmed the sentencing enhancement based on negotiated drug quantities.
• Ada Sandra Kopf v. Skyrm
  993 F.2d 374· 4th Cir.· 1993-05-07 ·cited 2×
  The court held that the total exclusion of plaintiff's expert witnesses was an abuse of discretion, and that the introduction of evidence regarding the arrestee's guilt and prior drug use was improper.
• United States v. Moreno
  991 F.2d 943· 1st Cir.· 1993-05-06 ·cited 2×
  The court held that the prosecutor's repeated misconduct, including improper statements and the introduction of irrelevant and prejudicial evidence, deprived the defendant of a fair trial.
• United States v. Smith
  995 F.2d 662· 7th Cir.· 1993-05-03 ·cited 2×
  The court affirmed convictions and sentences, finding sufficient evidence for a single conspiracy and no abuse of discretion in evidentiary rulings or denial of severance motions.
• United States v. Chong Won TAI
  994 F.2d 1204· 7th Cir.· 1993-04-28 ·cited 2×
  The court held that while the conviction is affirmed, the sentence must be vacated and remanded for resentencing because the district court failed to articulate the specific grounds for an offense-level increase and justify the extent of an upward departure.
• McKINNEY v. Rees
  993 F.2d 1378· 9th Cir.· 1993-04-28 ·cited 2×
  The erroneous admission of irrelevant character evidence, which preyed on jury emotions and was not supported by a strong case, rendered the defendant's trial fundamentally unfair and violated due process.
• United States v. Sneezer
  983 F.2d 920· 9th Cir.· 1992-12-30 ·cited 2×
  The court held that the district court erroneously concluded that two counts of aggravated sexual abuse should not be grouped together for sentencing purposes.
• United States v. Jones
  982 F.2d 380· 9th Cir.· 1992-12-24 ·cited 2×
  The court held that a blanket prohibition on recross examination, when new matters are elicited on redirect, violates the Confrontation Clause and is not harmless error if the testimony likely contributed to conviction. The court also found the sentencing judge lacked sufficient
• United States v. Talamante
  981 F.2d 1153· 10th Cir.· 1992-12-16 ·cited 2×
  The court held that the exclusion of evidence of the victim's prior violent conduct was harmless error, and the trial court did not err in applying the sentencing enhancement for permanent or life-threatening injury.
• United States v. Jackson
  978 F.2d 903· 5th Cir.· 1992-11-23 ·cited 2×
  The court held that presentence reports are not discoverable under the Jencks Act, but due process requires disclosure of exculpatory material within them after in camera review. The court also held that interstate transportation is jurisdictional for federal kidnapping charges a
• United States v. Wales
  977 F.2d 1323· 9th Cir.· 1992-10-20 ·cited 2×
  The court held that while the admission of the false driver's licenses was an error, it was harmless because the other evidence against the defendant was substantial.
• United States v. Xiomaro E. Hernandez
  975 F.2d 1035· 4th Cir.· 1992-09-16 ·cited 2×
  The court held that the district court erred in admitting extraneous evidence of prior bad acts under Federal Rule of Evidence 404(b) because its probative value was slight and substantially outweighed by the danger of unfair prejudice.
• McINTYRE v. Trickey
  975 F.2d 437· 8th Cir.· 1992-09-04 ·cited 2×
  The Eighth Circuit held that prosecuting McIntyre for stealing a car after he had already been prosecuted for tampering with the same car violated the Double Jeopardy Clause, as the conduct constituting the tampering offense was used to prove essential elements of the stealing ch
• United States v. Cummins
  969 F.2d 223· 6th Cir.· 1992-07-16 ·cited 2×
  The court held that evidence of drug dealing was admissible under Rule 404(b) to show motive and intent, and that the prosecutor's comments and the admission of such evidence did not constitute a material variance or deny a fair trial. The court also held that entrapment was a ju
• United States v. Gale E. Dean
  969 F.2d 187· 6th Cir.· 1992-07-08 ·cited 2×
  The court held that knowledge of the RCRA permit requirement is not an element of the crime under 42 U.S.C. § 6928(d)(2)(A), and that employees can be held criminally liable under RCRA.
• United States v. Washington
  969 F.2d 1073· D.C. Cir.· 1992-06-30 ·cited 2×
  The court held that the trial court abused its discretion in rejecting a guilty plea solely because the defendant refused to incriminate a co-defendant, but found the error to be harmless as the defendant was ultimately convicted of the same offense.
• United States v. Gad Gilan
  967 F.2d 776· 2d Cir.· 1992-06-22 ·cited 2×
  The court held that evidence of an uncharged theft was improperly admitted under Federal Rule of Evidence 404(b) because there was insufficient evidence linking the defendant to that prior act.
• United States v. Richards
  967 F.2d 1189· 8th Cir.· 1992-06-22 ·cited 2×
  The court held that the district court did not err in denying the defendant's motions to suppress evidence, admit prior bad acts evidence, exclude hearsay testimony, acquit, or grant a new trial.
• United States v. Charles V. Ushery (91-5716) & Benjamin R. Burton (91-5715)
  968 F.2d 575· 6th Cir.· 1992-06-18 ·cited 2×
  The court affirmed the denial of the motions to suppress, the convictions, and the sentence, finding that the encounters were consensual or supported by reasonable suspicion/probable cause, and that the evidence and sentencing were proper.
• United States v. Blyden
  964 F.2d 1375· 3d Cir.· 1992-06-01 ·cited 2×
  Federal Rules of Evidence 403 and 404(b) do not bar the admission of evidence of criminal conduct for which a defendant was previously acquitted if that evidence is essential to proving an element of a pending charge.
• United States v. Peden
  961 F.2d 517· 5th Cir.· 1992-05-12 ·cited 2×
  The court held that the district court did not err in admitting evidence of a prior conviction, refusing to admit the victim's welfare records, refusing to quash the kidnapping count, or denying motions for acquittal.
• United States v. Maxwell Allen
  960 F.2d 1055· D.C. Cir.· 1992-04-07 ·cited 2×
  The court affirmed the convictions, holding that the search warrant was valid, the evidence was sufficient, and the prosecutor's arguments and evidentiary rulings were not grounds for reversal.
• United States v. Torres
  959 F.2d 858· 10th Cir.· 1992-03-18 ·cited 2×
• United States v. Gregory Wrice (90-5703) & Tommy Goods (90-5479)
  954 F.2d 406· 6th Cir.· 1992-01-23 ·cited 2×
  The court held that a document filed with the district court within forty days of judgment, even if not a formal notice of appeal, can confer jurisdiction if later validated by a motion to extend time.
• United States v. Karas
  950 F.2d 31· 1st Cir.· 1991-11-20 ·cited 2×
  The court held that the district court erred in admitting evidence of prior cocaine trafficking under Fed.R.Evid. 404(b), but this error was harmless. The court also held that the defendant's Fourth Amendment rights were not violated by the seizure of evidence.
• United States v. Alphonso Wright
  943 F.2d 748· 7th Cir.· 1991-09-16 ·cited 2×
  The court held that the district court did not abuse its discretion in admitting evidence of a prior narcotics arrest under Federal Rule of Evidence 404(b) and in admitting a tape-recorded conversation, as both were relevant and properly handled with limiting instructions.
• United States v. McKEE
  942 F.2d 477· 8th Cir.· 1991-08-09 ·cited 2×
  The court held that the district court did not abuse its discretion in providing a supplemental jury instruction, nor in admitting evidence of prior tax years.
• United States v. Campbell
  935 F.2d 39· 4th Cir.· 1991-06-05 ·cited 2×
  The court held that the evidence was sufficient to support the convictions, that co-defendant statements were properly admitted, that the school-zone statute is constitutional, and that sentencing calculations were appropriate.
• United States v. Clair
  934 F.2d 943· 8th Cir.· 1991-05-30 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a mistrial for prosecutorial misconduct or in denying a two-level reduction for acceptance of responsibility.
• United States v. Roberts
  933 F.2d 517· 7th Cir.· 1991-05-23 ·cited 2×
  The court held that the district court did not abuse its discretion in admitting evidence of the gun's recovery, as it was intricately connected to the charged crimes, and the evidence was sufficient to support the conviction on all counts.
• United States v. Bartley Walsh
  928 F.2d 7· 1st Cir.· 1991-03-13 ·cited 2×
  The court held that evidence of other alleged bad acts was admissible under Federal Rule of Evidence 404(b) to rebut the defendant's claims of proper conduct and that the statute of limitations did not bar the embezzlement conviction as the jury could find the crime was completed
• United States v. Rodriguez
  926 F.2d 418· 5th Cir.· 1991-03-01 ·cited 2×
  The court held that the district court did not err in allowing the display of marijuana evidence, admitting evidence of a co-defendant's actions, or in its sufficiency of evidence determination.
• United States v. Salamone
  902 F.2d 237· 3d Cir.· 1990-05-09 ·cited 2×
  The court held that following the Supreme Court's decision in Dowling v. United States, its prior ruling reversing convictions based on collateral estoppel was incorrect, and the convictions should be affirmed.
• United States v. Stringer
  902 F.2d 1335· 8th Cir.· 1990-05-09 ·cited 2×
  The court held that the admission of urine test results and a jury instruction regarding an informant's prior conduct were not erroneous.
• United States v. Serian
  895 F.2d 432· 8th Cir.· 1990-01-16 ·cited 2×
  The court held that the admission of prior similar acts evidence was proper under Federal Rule of Evidence 404(b) to show intent and plan, and that sufficient evidence supported the fraud convictions.
• United States v. Michael
  729 F. Supp. 95· S.D. Fla.· 1989-12-27 ·cited 2×
  The court denied the defendant's motions to dismiss and suppress identification evidence, and excluded defense expert testimony on identification, while admitting some prior bad acts evidence.
• United States v. Martinez
  890 F.2d 1088· 10th Cir.· 1989-11-07 ·cited 2×
  The court held that the offense of failure to appear under 18 U.S.C. § 3146 is a continuing offense, and evidence of prior convictions and indictments was properly admitted for motive.
• United States v. Bardsley
  884 F.2d 1024· 7th Cir.· 1989-09-12 ·cited 2×
  The court held that evidence of a returned check and a statement about financial difficulties were properly admitted, and the evidence was sufficient to support the conviction.
• United States v. Price
  877 F.2d 334· 5th Cir.· 1989-06-29 ·cited 2×
  The court held that the trial court did not err in refusing to suppress evidence seized during a lawful search, admitting extraneous offense evidence, or in its jury instructions regarding possession of unregistered firearm components.
• United States v. Eleuterio Cortijo-Diaz
  875 F.2d 13· 1st Cir.· 1989-05-23 ·cited 2×
  The court held that admitting a defendant's prior conviction for attempted robbery to prove propensity for violence in a prosecution for assaulting a flight attendant was error under Federal Rule of Evidence 404(b).