In what circumstances will a court order that a .38 caliber hand gun be found in the possession of a suspect in a bank robbery?
The following excerpt is from U.S. v. Robinson, 560 F.2d 507 (2nd Cir. 1977):
"While hand guns may be all too plentiful in our society, the majority would imply that they are as common as subway tokens. In fact, the vast majority of people do not possess a hand gun, much less one of .38 caliber. To find such a gun in the possession of the very person against whom there is independent proof that he used a .38 caliber hand gun in the bank robbery is sufficiently coincidental to be extraordinary. I cannot agree with the majority that this evidence 'established only a very weak inference that appellant was one of the bank robbers.' " United States v. Robinson, 544 F.2d 611, 622 (2d Cir. 1976).
9 FRE 404(b) provides in pertinent part:
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