United States v. James Anthony Vincent, 681 F.2d 462 (6th Cir. 1982). · Go Syfert
United States v. James Anthony Vincent, 681 F.2d 462 (6th Cir. 1982). Cases Citing This Book View Copy Cite
107 citation events (18 in the last 25 years) across 14 distinct courts.
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cited Cited as authority (rule) United States v. Demetrio Flores, III
6th Cir. · 2022 · confidence medium
United States v. Vance, 871 F.2d 572, 576 (6th Cir. 1989) (quoting United States v. Vincent, 681 F.2d 462, 465 (6th Cir. 1982)).
discussed Cited as authority (rule) United States v. Daniel Zulawski
6th Cir. · 2022 · confidence medium
It cannot be expected to make its decision in a void–without knowledge of the time, place and circumstances of the acts which form the basis of the charge.” United States v. Vincent, 681 F.2d 462, 465 (6th Cir. 1982) (internal quotations and citation omitted).
discussed Cited as authority (rule) United States v. Kenneth Sadler
6th Cir. · 2022 · confidence medium
Although courts can admit such evidence even when the prior acts are not “identical” to those charged, the facts must be “closely related.” Churn, 800 F.3d at 779 (quoting United States v. Vincent, 681 F.2d 462, 465 (6th Cir. 1982)).
discussed Cited as authority (rule) United States v. Debra Kessinger
6th Cir. · 2016 · confidence medium
This evidence was res gestae because it was “closely related in both time and nature to-the crime charged.” United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Keith Churn (2×) also: Cited "see"
6th Cir. · 2015 · confidence medium
Riefs testimony about the North 24th Avenue transaction was res gestae because it was “closely related in both time and nature to the crime charged.” United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Poulsen
6th Cir. · 2011 · confidence medium
We grant the district court “ ‘very broad’ discretion in determining whether the danger of undue prejudice outweighs the probative value of the evidence.” United States v. Vance, 871 F.2d 572, 576 (6th Cir.1989) (citing United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982)).
discussed Cited as authority (rule) Shane v. Bunzl Distribution USA, Inc. (2×)
6th Cir. · 2008 · confidence medium
Although “we might have reached a different conclusion, we decline to hold on appeal that [the] decision was an abuse of discretion.” United States v. Vincent, 681 F.2d 462, 465 (6th Cir. 1982).
discussed Cited as authority (rule) United States v. Mary K. Edelmann
8th Cir. · 2006 · confidence medium
While "other bad acts" under Rule 404(b) are normally thought of as those committed prior to the crime charged, occasionally, "evidence of subsequent acts is admitted for this purpose." United States v. Vincent, 681 F.2d 462, 465 (6th Cir. 1982) (citing United States v. Contreras, 602 F.2d 1237, 1240 (5th Cir. 1979)).
discussed Cited as authority (rule) United States v. Mary K. Edelmann
8th Cir. · 2006 · confidence medium
While “other bad acts” under *810 Rule 404(b) are normally thought of as those committed prior to the crime charged, occasionally, “evidence of subsequent acts is admitted for this purpose.” United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) (citing United States v. Contreras, 602 F.2d 1237, 1240 (5th Cir.1979)).
discussed Cited as authority (rule) United States v. Fuller, Charles
7th Cir. · 2004 · confidence medium
See United States v. Fulmer, 108 F.3d 1486, 1491 (1st Cir. 1997); United States v. Johnson, 14 F.3d 766, 768 (2d Cir. 1994); United States v. Kosma, 951 F.2d 549, 557 (3d Cir. 1991); United States v. Manning, 923 F.2d 83, 85 (8th Cir. 1991); United States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983); United States v. Vincent, 681 F.2d 462, 464 (6th Cir. 1982); United States v. Hart, 457 F.2d 1087, 1090-91 (10th Cir. 1972); Roy v. United States, 416 F.2d 874, 877-78 (9th Cir. 1969).
discussed Cited as authority (rule) United States v. Charles E. Fuller
7th Cir. · 2004 · confidence medium
See United States v. Fulmer, 108 F.3d 1486, 1491 (1st Cir.1997); United States v. Johnson, 14 F.3d 766, 768 (2d Cir.1994); United States v. Kosma, 951 F.2d 549, 557 (3d Cir.1991); United States v. Manning, 923 F.2d 83, 85 (8th Cir.1991); United States v. Callahan, 702 F.2d 964, 965 (11th Cir.1983); United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982); United States v. Hart, 457 F.2d 1087, 1090-91 (10th Cir. 1972); Roy v. United States, 416 F.2d 874, 877-78 (9th Cir.1969).
discussed Cited as authority (rule) United States v. McNeal
6th Cir. · 2002 · confidence medium
Background evidence is typically admissible because it is relevant to the extent that “the jury is entitled to know the setting of a case ... and cannot be expected to make its decision in a void.” United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) (quoting United States v. Roberts, 548 F.2d 665, 667 (6th Cir.1977)).
discussed Cited as authority (rule) United States v. Davis
6th Cir. · 2001 · confidence medium
In United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982), this court made it clear that a defendant may be convicted of making a willful threat, in violation of § 871, even if he does not harbor any actual, subjective intent to carry out his threat.
discussed Cited as authority (rule) United States v. Ogren
N.M.C.C.A. · 1999 · confidence medium
United States v. Johnson, 14 F.3d at 768 (quoting Roy v. United States, 416 F.2d 874, 877-78 (9th Cir.l969))(emphasis added); see also United States v. Twine, 853 F.2d 676, 680 (9th Cir.1988); United States v. Compton, 428 F.2d 18 (2d Cir.1970); United States v. Kosma, 951 F.2d 549, 557 (3d Cir.1991); United States v. Manning, 923 F.2d 83, 85-86 (8th Cir.1991); United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982); United States v. Hart, 457 F.2d 1087, 1090-91 (10th Cir.1972).
cited Cited as authority (rule) Anna Rousey, Individually and as Administratrix for the Estates of Palmer Lee Rousey and Fred Marion Alsman v. United States
6th Cir. · 1997 · confidence medium
R.Evid. 401-403; United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
discussed Cited as authority (rule) United States v. Abraham Jacob Alkhabaz, Also Known as Jake Baker (2×)
6th Cir. · 1997 · confidence medium
See DeAndino, 958 F.2d at 148-50 ; Cox, 957 F.2d at 266 ; United States v. Smith, 928 F.2d 740, 741 (6th Cir.), cert. denied, 502 U.S. 852 , 112 S.Ct. 159 , 116 L.Ed.2d 124 (1991); United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982); Lincoln, 462 F.2d at 1369 (quoting Roy v. United States, 416 F.2d 874, 877 (9th Cir.1969)). 9 There can be no doubt that a rational jury could find that some or all of the minacious communications charged in the superseding indictment against Baker constituted threats by the defendant to harm a female human being, 10 which a reasonable objective recipient o…
discussed Cited as authority (rule) United States v. Clozell Johnson-El, Jr.
6th Cir. · 1996 · confidence medium
The test to determine the applicability of the crimes with which Johnson-El was charged is not dependent on his subjective intent, nor the subjective response of the recipient, but rather "whether" an ordinary, reasonable recipient who is familiar with the content of the letter would interpret it as a threat of injury.' " United States v. Malik, 16 F.3d 45, 49 (2d Cir.) (quoting United States v. Maisonet, 484 F.2d 1356, 1358 (4th Cir.1973), cert. denied, 415 U.S. 933 (1974)), cert. denied, 115 S.Ct. 435 (1994); see generally United States v. Smith, 928 F.2d 740, 741 (6th Cir.) (subjective inte…
discussed Cited as authority (rule) United States v. Michael Hebeka (2×)
6th Cir. · 1994 · confidence medium
As noted in United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982), “[t]he jury is entitled to know the ‘setting’ of a case.
cited Cited as authority (rule) United States v. John Ray Bonds (91-3610) Mark Verdi (91-3609) and Steven Wayne Yee (91-3608)
6th Cir. · 1994 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
cited Cited as authority (rule) United States v. Jimmie Lee Clemis (92-4218/4220) and Lamar Arnold (92-4250)
6th Cir. · 1994 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) (citations omitted); United States v. Paulino, 935 F.2d 739, 754 (6th Cir.), cert. denied, — U.S. -, 112 S.Ct. 315 , 116 L.Ed.2d 257 (1991).
discussed Cited as authority (rule) United States v. Leroy Johnson, Jr.
2d Cir. · 1994 · confidence medium
See e.g., United States v. Kosma, 951 F.2d 549, 557 (3d Cir.1991) (collecting cases); United States v. Manning, 923 F.2d 83, 85-86 (8th Cir.), cert. denied, — U.S. -, 111 S.Ct. 2860 , 115 L.Ed.2d 1027 (1991); United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982); United States v. Hart, 457 F.2d 1087, 1090-91 (10th Cir.), cert. denied, 409 U.S. 861 , 93 S.Ct. 150 , 34 L.Ed.2d 108 (1972); see also Watts v. United States, 402 F.2d 676, 680-82 (D.C.Cir.1968), rev’d on another ground, 394 *769 U.S. 705, 89 S.Ct. 1399 , 22 L.Ed.2d 664 (1969).
discussed Cited as authority (rule) United States v. Ray Hurd (2×)
6th Cir. · 1993 · confidence medium
Our standard of review in determining whether the district court properly balanced the probative value of the evidence against its prejudicial effect under Rule 404(b) is "whether the trial judge abused his discretion in admitting the evidence." United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982). 22 Fed.R.Evid. 404(b) provides, in relevant part: 23 (b) Other crimes, wrongs, or acts.
discussed Cited as authority (rule) United States v. Roy Lee Clark
6th Cir. · 1993 · confidence medium
United States v. Blakeney, 942 F.2d 1001, 1018 (6th Cir.1992), cert. denied, — U.S. -, 112 S.Ct. 646 , 116 L.Ed.2d 663 (1991); United States v. Acosta-Cazares, 878 F.2d 945, 950 (6th Cir.1989), cert. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989); United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982); United States v. Czarnecki, 552 F.2d 698, 702 (6th Cir.1977), cert. denied, 431 U.S. 939 , 97 S.Ct. 2652 , 53 L.Ed.2d 257 (1977).
discussed Cited as authority (rule) United States v. Malcolm Wilson
6th Cir. · 1992 · confidence medium
United States v. Acosta-Cazares, 878 F.2d 945, 950 (6th Cir.1989), cert denied, 110 S.Ct. 225 (1989); United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982); United States v. Czarnecki, 552 F.2d 698, 702 (6th Cir.1977), cert. denied, 431 U.S. 939 . 46 In light of the tremendous volume of testimony implicating Malcolm Wilson in the drug conspiracy, it seems impossible to find that the potential for prejudice in admitting this evidence outweighs its probative value. 47 This court should further find meritless defendant's claim that the district court erroneously failed to make a preliminary …
discussed Cited as authority (rule) United States v. Ron Leon, Jr.
6th Cir. · 1992 · confidence medium
In the second instance, the standard of review on appeal is whether the trial judge abused his discretion in admitting the evidence. 26 United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) (citations omitted). 27 The evidence concerning defendant's past acts was used to identify him as the speaker on the tape.
discussed Cited as authority (rule) United States v. James E. Tyler Michael L. Yepez
6th Cir. · 1992 · confidence medium
While we have held that the trial judge has "very broad" discretion to decide Rule 404(b) and Rule 403 cases, United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982), the evidence in this case relates to a robbery that had occurred more than ten years prior to the robbery at issue, a recent occurrence compared to the almost contemporary action admitted in Vincent.
discussed Cited as authority (rule) United States v. Charles Dunbar
6th Cir. · 1992 · confidence medium
U.S. v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) ("If we conclude that there was a proper basis for admission, we must then consider whether the probative value of the evidence outweighed its potential prejudicial effects.")
discussed Cited as authority (rule) United States v. Louis A. Kosma
3rd Cir. · 1991 · confidence medium
Roy v. United States, 416 F.2d 874, 877-78 (9th Cir.1969) (emphasis added); see Manning, 923 F.2d at 86 (Eighth Circuit); Hoffman, 806 F.2d at 711-12 (Seventh Circuit); Callahan, 702 F.2d at 965 (Eleventh Circuit); United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982); United States v. Hart, 457 F.2d 1087, 1090 (10th Cir.), cert. denied, 409 U.S. 861 , 93 S.Ct. 150 , 34 L.Ed.2d 108 (1972).
cited Cited as authority (rule) United States v. William R. Mattison
6th Cir. · 1991 · confidence medium
See United States v. Glover, 846 F.2d 339, 344-45 (6th Cir.), cert. denied, 488 U.S. 982 (1988); United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982).
examined Cited as authority (rule) United States v. Michael Eugene Smith (4×)
6th Cir. · 1991 · confidence medium
United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982) (defendant may be convicted of threatening the President even if he does not harbor an actual, subjective intent to carry out his threat).
cited Cited as authority (rule) United States v. Clifford Leon Moser and Larry Bryant
6th Cir. · 1990 · confidence medium
United States v. Dabish, 708 F.2d 240, 242 (6th Cir.1983); United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
cited Cited as authority (rule) United States v. Eric Marroquin
5th Cir. · 1989 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (5th Cir.1982).
discussed Cited as authority (rule) United States v. Earl Keith Lindell, United States of America v. Charles Roy McIntosh United States of America v. William E. Kinnear, Ii, United States of America v. Danny M. Loken
5th Cir. · 1989 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982). 19 Appellants' personal drug use is admissible under the two part test of United States v. Beechum, 582 F.2d 898 (5th Cir.1978) (en banc ), cert. denied, 440 U.S. 920 , 99 S.Ct. 1244 , 59 L.Ed.2d 472 (1979).
cited Cited as authority (rule) United States v. Lindell
5th Cir. · 1989 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
discussed Cited as authority (rule) United States v. Juan A. Acosta-Cazares
6th Cir. · 1989 · confidence medium
See also Townsend, 796 F.2d at 162 ; United States v. Ismail, 756 F.2d 1253, 1259 (6th Cir.1985); United States v. Dabish, 708 F.2d 240, 242 (6th Cir.1983); United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
discussed Cited as authority (rule) United States v. Henry Vance (2×)
6th Cir. · 1989 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
discussed Cited as authority (rule) United States v. Anthony
N.D. Ohio · 1989 · confidence medium
First, we must decide whether [the prior crime is] admissible for any proper purpose, as distinct from the improper purpose of showing ‘character’ or ‘propensity.’ ” United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982).
cited Cited as authority (rule) United States v. Ambrose Bennett
6th Cir. · 1988 · confidence medium
United States v. Hatfield, 815 F.2d 1068 (6th Cir.1987); United States v. Dabish, 708 F.2d 240, 242 (6th Cir.1983) (per curiam); United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
cited Cited as authority (rule) United States v. Samuel Paul Glover
6th Cir. · 1988 · confidence medium
United States v. Vincent, 681 F.2d 462, 464 (6th Cir.1982).
discussed Cited as authority (rule) United States v. Doyle E. Campbell, Doyle E. Campbell, M.D., Inc., an Ohio Corporation (2×)
6th Cir. · 1988 · confidence medium
In the second instance, the standard of review on appeal is whether the trial judge abused his discretion in admitting the evidence. 49 Id. at 465 (emphasis in original) (citations omitted) (quoted in United States v. Dabish, 708 F.2d 240, 242 (6th Cir.1983)). 50 Applying this two-step test, we find that the evidence was admissible for the purpose of showing "intent." The acts alleged were substantially similar and approximately concurrent with the offenses charged in the indictment.
discussed Cited as authority (rule) United States v. Alvin Sailor
6th Cir. · 1987 · confidence medium
The court also gave strict limiting instructions to the jury as to the narrow purpose of the evidence. 29 In United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982), this Circuit set forth the two-step procedure to be used in analyzing the admissibility of Rule 404(b) evidence: a court must first decide whether the conduct was admissible for a "proper purpose" (as opposed to the improper purpose of showing "character" or "propensity"); and the court must then consider whether the probative value of the evidence outweighed its potential prejudicial effects.
cited Cited as authority (rule) United States v. Ronald L. Jeffries
6th Cir. · 1986 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982). 13 Accordingly, the conviction of appellant is affirmed. * Honorable R.
cited Cited as authority (rule) United States v. George Knost
6th Cir. · 1986 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
discussed Cited as authority (rule) United States v. Walter Carson Dunn, Jr. (2×)
6th Cir. · 1986 · confidence medium
In the second instance, the standard of review on appeal is whether the trial judge abused his discretion in admitting the evidence.” United States v. Dabish, 708 F.2d 240, 242 (6th Cir.1983) (quoting United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982)) (emphasis in original), (citations omitted).
examined Cited as authority (rule) United States v. James Harvey Hardman (3×) also: Cited "see"
6th Cir. · 1986 · confidence medium
In the second instance, the standard of review on appeal is whether the trial judge abused his discretion in admitting the evidence.... 29 United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) (citations omitted); see also United States v. Townsend, 796 F.2d 158, 161-62 (6th Cir.1986); United States v. Ismail, 756 F.2d 1253, 1258-59 (6th Cir.1985); United States v. Hamilton, 684 F.2d 380, 384 (6th Cir.), cert. denied, 459 U.S. 976 (1982). 30 The government argues, and we agree, that the testimony concerning marijuana represented an integral part of conversations relating to the illegal tr…
cited Cited as authority (rule) United States v. Ronald Ebens
6th Cir. · 1986 · confidence medium
See United States v. Dabish, 708 F.2d 240, 243 (6th Cir.1983); United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982) and cases cited therein.
discussed Cited as authority (rule) United States v. Anthony J. Peters, Lawrence Peters, and Jacek Odoner
7th Cir. · 1986 · confidence medium
A trial judge has broad discretion in making this determination, United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982), and his decision must be “accorded great deference.” Falco, 727 F.2d at 665 .
cited Cited as authority (rule) United States v. Samuel John Passarella
6th Cir. · 1986 · confidence medium
See, e.g., United States v. Dabish, 708 F.2d 240, 242 (6th Cir.1983); United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
cited Cited as authority (rule) United States v. Thomas Tripp
6th Cir. · 1986 · confidence medium
United States v. Vincent, 681 F.2d 462, 465 (6th Cir.1982).
discussed Cited as authority (rule) United States v. Robert Lee Bell
6th Cir. · 1985 · confidence medium
It may, however, he admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. 17 This reviewing court must first determine whether the evidence of other crimes, wrongs or acts 'was admissible for any proper purpose, as distinct for the improper purpose of showing character or propensity.' United States v. Dabish, 708 F.2d 240, 242 (6th Cir. 1983) (quoting United States v. Vincent, 681 F.2d 462, 465 (6th Cir. 1982)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James Anthony VINCENT, Defendant-Appellant
81-1475.
Court of Appeals for the Sixth Circuit.
Jun 23, 1982.
681 F.2d 462
1982 U.S. App. LEXIS 18043
William L. Woodard, Kenneth R. Sasse, Detroit, Mich., for plaintiff-appellee., Richard A. Rossman, U. S. Atty., Thomas W. Cranmer, Patricia G. Reeves, Asst. U. S. Attys., Detroit, Mich., for plaintiff-appellee.
Brown, Martin, Peck.
Cited by 81 opinions  |  Published
BOYCE F. MARTIN, Jr., Circuit Judge.

James Anthony Vincent appeals his conviction on two counts of assaulting a federal officer, in violation of 18 U.S.C. §§ 111 and 114, and one count of threatening the President, in violation of 18 U.S.C. § 871(a).

On March 30, 1981, the day President Reagan was shot in Washington, an anonymous caller informed a Michigan Bell Telephone operator that another attempt would be made on the President’s life. The call was traced to the Linden, Michigan residence of Anthony Hnilica. Secret Service Agents Craig Spraggins and Henry Hum-mert were dispatched to investigate. When the agents arrived at the Hnilica home, Hnilica’s grandson, the defendant Vincent, met them in the yard. After a heated verbal exchange, Vincent struggled with the officers, seriously injuring Agent Spraggins. In the course of this confrontation, Vincent allegedly made several verbal threats to kill the President. Vincent was arrested and taken, unsubdued, to the Ypsilanti Psychiatric Hospital, where he was denied admission.

On April 13, 1981, a federal grand jury returned an indictment charging Vincent with the offenses described above. The count of threatening the President was predicated, not on the telephone call, which another family member admitted making,[*464] but on the alleged verbal threats uttered during the interchange with the Secret Service agents.

Vincent was. tried in June, 1981. The jury returned verdicts of guilty on all three counts of the indictment. The District Judge imposed concurrent sentences of three years for assaulting the federal agents, and five years for threatening the President.

On appeal, Vincent raises a number of issues. His strongest arguments are: (1) that the trial judge should have directed a verdict of acquittal on the count of threatening the President; and (2) that the District Court committed reversible error in admitting evidence of Vincent’s post-arrest conduct. We address these contentions in order.

18 U.S.C. § 871 provides in pertinent part:

Whoever knowingly and willfully deposits for conveyance in the mail ... any letter, paper ... or document containing any threat to take the life of or to inflict bodily harm upon the President of the United States, ... or knowingly and willfully otherwise makes any such threat against the President, .... shall be fined not more than $1,000 or imprisoned not more than five years, or both, (emphasis added)

This circuit has adopted an “objective” construction of section 871. A defendant may be convicted under this statute even if he does not harbor an actual, subjective intent to carry out his threat. In United States v. Lincoln, 462 F.2d 1368, 1369 (6th Cir. 1972), we adopted the rule of the Ninth Circuit, set out in Roy v. United States, 416 F.2d 874, 877 (9th Cir. 1969):

This Court therefore construes the willfulness requirement of the statute to require only that the defendant intentionally make a statement, written or oral, in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily harm upon or to take the life of the President, and that the statement not be the result of mistake, duress, or coercion. The statute does not require that the defendant actually intend to carry out the threat. [Footnotes omitted.] (emphasis added) [1]

In this case, there was sufficient evidence to support a jury verdict of “guilty.” Vincent addressed his threats against the President to two Secret Service agents who were in the process of investigating a threatening call placed from the residence where they encountered Vincent. These events occurred a few hours after the President had actually been shot and critically injured. Under these circumstances, a jury could find that a reasonable person would have taken Vincent’s statements seriously. The present matter is thus readily distinguishable on its facts from United States v. Frederickson, 601 F.2d 1358 (8th Cir. 1979), relied on by the defendant.

We turn now to consider the admission of evidence relating to Vincent’s post-arrest conduct. That conduct included the making of threatening statements against the President in the presence of witnesses at the Ypsilanti Hospital. Vincent was not, of course, indicted for these later threats; the section 871 count of the indictment was limited to the threats he allegedly made to Secret Service agents at the Hnilica residence.

According to Vincent, admission of this “other acts” evidence contravened Rule 404(b), Federal Rules of Evidence, which provides:

[*465] Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

In reviewing the admission of evidence challenged under Rule 404(b), we must make two determinations. First, we must decide whether Vincent’s post-arrest conduct was admissible for any proper purpose, as distinct from the improper purpose of showing “character” or “propensity.” United States v. Cooper, 577 F.2d 1079, 1088 (6th Cir.), cert. denied, 439 U.S. 868, 99 S.Ct. 196, 58 L.Ed.2d 179 (1978). If we conclude that there was a proper basis for admission, we must then consider whether the probative value of the evidence outweighed its potential prejudicial effects. See advisory committee note to Subdivision (b); United States v. Ring, 513 F.2d 1001 (6th Cir. 1975). In the second instance, the standard of review on appeal is whether the trial judge abused his discretion in admitting the evidence. United States v. Czarnicki, 552 F.2d 698 (6th Cir.), cert. denied, 431 U.S. 939, 97 S.Ct. 2652, 53 L.Ed.2d 257 (1977).

We have considered the Rule 404(b) issue carefully and conclude, first, that evidénce of Vincent’s post-arrest conduct was properly admissible on a res gestae theory. Vincent’s post-arrest statements were “evidence of other crimes, closely related in both time and nature to the crime charged,” which establish “the common scheme or history of the crime, of which the other crimes constitute a part.” United States v. McDaniel, 574 F.2d 1224, 1227 (5th Cir. 1978). As this court observed in United States v. Roberts, 548 F.2d 665, 667 (6th Cir. 1977): “The jury is entitled to know the ‘setting’ of a case. It cannot be expected to make its decision in a void — without knowledge of the time, place and circumstances of the acts which form the basis of the charge.” See also United States v. Masters, 622 F.2d 83 (4th Cir. 1980); Carter v. United States, 549 F.2d 77 (8th Cir. 1977); United States v. Blewitt, 538 F.2d 1099 (5th Cir. 1976). Normally, of course, we think of “other acts” which are part of the res ges-tae as acts committed before the crime charged. Occasionally, however, evidence of subsequent acts is admitted for this purpose. See United States v. Contreras, 602 F.2d 1237, 1240 (5th Cir. 1979).

The trial judge, in the exercise of his discretion, apparently felt that the probative value of the challenged evidence outweighed the danger that it would result in unfair prejudice to the defendant. Although, in a trial de novo, we might have reached a different conclusion, we decline to hold on appeal that this decision was an abuse of discretion. In this particular area, the case law overwhelmingly characterizes the trial judge’s discretion as “very broad.” See, e.g., United States v. Czarnicki, supra; United States v. McPartlin, 595 F.2d 1321 (7th Cir.), cert. denied, 444 U.S. 833, 100 S.Ct. 65, 62 L.Ed.2d 43 (1979); United States v. Long, 574 F.2d 761 (3d Cir.), cert. denied, 439 U.S. 985, 99 S.Ct. 577, 58 L.Ed.2d 657 (1978).

Finally, Vincent points out that the District Judge did not give the jury the preferred instruction limiting the permissible use of the post-arrest evidence. The record reveals, however, that defense counsel did not request such an instruction. Thus, under United States v. Cooper, supra, 577 F.2d at 1088, the trial judge’s failure to give a limiting instruction did not constitute “plain error.” In any event, the District Judge was careful to admonish the jury that it could not convict Vincent of the section 871 coünt if it found that he had not threatened the President until after his arrest. In light of Vincent’s failure to request a special instruction, we deem that warning sufficient.

Judgment affirmed.

1

. We note that this test would be anomalous in cases of irrational or paranoiac auditors: a reasonable person could foresee that an irrational auditor would take even the most frivolous “threat” seriously.

Perhaps the test would better be stated in purely objective terms, as, for example, “whether a reasonable person, in the circumstances of the statement, would interpret it as a serious expression of an intent to harm or kill the President.”