Is evidence that is "inextricably intertwined" with the crime charged under section 404(b) of the Criminal Code considered to be "other acts" in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rodriguez-Salcedo, 35 F.3d 573 (9th Cir. 1994):
Evidence should not be regarded as 404(b) evidence when it concerns acts "inextricably intertwined" with the crime charged. United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987). The policies underlying 404(b) are 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." Id. (emphasis added)
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