Can a jury infer criminal intent from a defendant's prior wrongful acts under Rule 404(b)?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cuozzo, 962 F.2d 945 (9th Cir. 1992):
Before a jury may infer criminal intent from a defendant's prior wrongful acts under Rule 404(b), sufficient evidence must exist for the jury to conclude that the defendant in fact committed the prior acts. United States v. Ayers, 924 F.2d 1468, 1473 (9th Cir.1991); Huddleston v. United States, 485 U.S. 681, 689, 108 S.Ct. 1496, 1501, 99 L.Ed.2d 771 (1988). Monari contends that the government failed to provide the jury with sufficient facts to reach this conclusion. We agree.
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