Can evidence of drug dealing be used to convict a defendant charged with aiding and abetting?

MultiRegion, United States of America

The following excerpt is from U.S. v. Anderson, 904 F.2d 41 (9th Cir. 1990):

"Evidence should not be treated as 'other crimes' evidence when 'the evidence concerning the ["other"] act and the evidence concerning the crime charged are inextricably intertwined.' " United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (quoting United States v. Aleman, 592 F.2d 881, 885 (5th Cir.1979)). Thus, "to the extent that evidence of prior and subsequent negotiations and illicit transactions bears on the issue of a defendant's intent to [perpetrate] the specific criminal act charged in the indictment, such evidence can be used to convict a defendant...." United States v. Smith, 832 F.2d 1167, 1170 (9th Cir.1987) (evidence of sales and negotiations of other cocaine sales admissible against defendant charged with aiding and abetting). As this court has noted, the policies underlying rule 404(b) " 'are simply inapplicable when some offenses committed in a single criminal episode become "other acts" because the defendant is indicted for less than all of his actions.' " United States v. Soliman, 813 F.2d at 279 (quoting United States v. Aleman, 592 F.2d 881, 885 (5th Cir.1979)).

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