What is considered admissible under Rule 404(b) on appeal in a conspiracy case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gonzalez, 885 F.2d 875 (9th Cir. 1989):
Evidence is deemed admissible under Rule 404(b) on appeal if it is admissible on any ground. United States v. McKoy, 771 F.2d 1207, 1214 (9th Cir.1981) (citing United States v. Green, 648 F.2d 587, 592 (9th Cir.1981)).
This circuit has recognized that evidence of prior criminal acts may be relevant in conspiracy cases to show the background and development of the conspiracy. McKoy, 771 F.2d at 1214 (citing United States v. Nadler, 698 F.2d 995 (9th Cir.1983)).
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