[DOWNLOAD] "United States v. Hutchens" by Ninth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Hutchens
• Author : Ninth Circuit U.S. Court of Appeals
• Release Date : January 10, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The evidence demonstrated Hutchens committed the prior acts and that those acts were similar to the crime with which Hutchens was charged. See United States v. Ayers, 924 F.2d 1468, 1473-74 (9th Cir. 1991). The only notable differences between the two schemes were the identities of the "lenders" and the locale of the solicitations. The evidence was highly relevant to demonstrate a common plan or modus operandi of obtaining advance fees for nonexistent loans, as well as to demonstrate Hutchenss knowledge of such a plan. See United States v. Boone, 951 F.2d 1526, 1540 (9th Cir. 1991); United States v. Marashi, 913 F.2d 724, 734-35 (9th Cir. 1990). Nor were the acts, which took place between 1986 and 1991, too remote in time to be relevant, especially in light of the overwhelming similarities between the conduct testified to and the conduct charged. See United States v. Ross, 886 F.2d 264, 267 (9th Cir. 1989); United States v. Spillone, 879 F.2d 514, 518-19 (9th Cir. 1989). The probative value of the evidence to show knowledge, plan and design was not substantially outweighed by the possibility of unfair prejudice to Hutchens, especially in light of the courts limiting instruction. See Fed. R. Evid. 403; Boone, 951 F.2d at 1540.

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