Is evidence of prior criminal activity not subject to the strictures of Rule 404(b) if it is "inextricably intertwined" with the charged offense?

MultiRegion, United States of America

The following excerpt is from United States v. Teran, Case No.: 17cr1909-MMA (S.D. Cal. 2018):

Evidence of prior acts is not subject to the strictures of Rule 404(b) if it is "inextricably intertwined" with the charged offense. See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012 (9th Cir. 1995). This is so when (1) "particular acts of the defendant are part of . . . a single criminal transaction," or when (2) "other act evidence . . . is necessary in order to permit the prosecutor to offer a coherent and comprehensible story regarding the commission of the crime." Id. at 1012-13. Regardless of Rule

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