Evidence of other crimes or wrongs occurring after charged offense is admissible under Rule 404(b) to show motive, intent, knowledge or common scheme
EVIDENCE United States v. Mares, No. 05-2117, ___ F.3d ___ (10th Cir. Mar. 24, 2006)(New Mexico). Appeal of conviction and sentence for possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D). HELD: District court did not abuse discretion in admitting evidence of defendant’s arrest for drug transportation that occurred after charged offense. Evidence of “other crimes, wrongs, or acts” arising from conduct occurring after charged offense may be admitted at trial under Rule 404(b) of Federal Rules of Evidence to show motive, intent, knowledge, or common scheme, so long as later crime is similar and sufficiently close in time. Where such evidence is intended to show motive, intent, knowledge, or common scheme, but not identity of perpetrator, similarity between crimes need not be of “signature” quality. Read the opinion here. |
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