United States Fourth Circuit

In a prosecution for numerous fraud-based offenses including mail and wire fraud, pretrial exclusion of other crime evidence and striking of allegations of charged other crime evidence from the indictment is reversed where: 1)the other crime evidence, individually and as a whole, was admissible under Rule 404(b) and could not be excluded under Rule 403; and 2) the district court erred by striking allegations of the charged other crime evidence from the indictment.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• Before TRAXLER and KING, Circuit Judges, and JACKSON L. KISER, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Christine Manuelian, Office of the United States Attorney, Baltimore, Maryland, for Appellant.  Andrew David Levy, Brown, Goldstein & Levy, LLP, Baltimore, Maryland, for Appellee.   ON BRIEF:  Rod J. Rosenstein, United States Attorney, Tamera Fine, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant.   Jane R. Flanagan, Brown, Goldstein & Levy, LLP, Baltimore, Maryland;  Thomas J. Saunders, Baltimore, Maryland, for Appellee.