United States v. James Wallace Weeks, Jr., 716 F.2d 830 (11th Cir. 1983). · Go Syfert
United States v. James Wallace Weeks, Jr., 716 F.2d 830 (11th Cir. 1983). Cases Citing This Book View Copy Cite
92 citation events (35 in the last 25 years) across 21 distinct courts.
Strongest positive: United States v. White (dcd, 2026-05-15)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. White
D.D.C. · 2026 · confidence medium
Cir. 1996) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir. 1983) (per curiam)).
discussed Cited as authority (rule) United States v. James Pettway
11th Cir. · 2025 · confidence medium
See, e.g., United States v. Joseph, 978 F.3d 1251, 1263 (11th Cir. 2020) (affirming the introduc- tion of evidence that a defendant used a false identity to rent a prop- erty at which he stored drugs because it was “necessary to com- plete the story of how officers discovered [the defendant] was rent- ing the apartment and garage”); United States v. Weeks, 716 F.2d 830, 832 (11th Cir. 1983) (upholding the admission of evidence about an investigation into stolen vehicles as part of the story of a subse- quent assault of an officer involved in that investigation).
discussed Cited as authority (rule) United States v. Oseguera Gonzalez
D.D.C. · 2020 · confidence medium
Relying on a non-binding Eleventh Circuit case, the government suggests that uncharged crime evidence is admissible as intrinsic “if it ‘arose out of the same series of transactions as the charged offense . . . or it is necessary to complete the story of the crime on trial.’” Gov’t’s Omnibus Mots. at 9 (omission in original) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir. 1983).
discussed Cited as authority (rule) United States v. Tyler Schaeffer
6th Cir. · 2015 · confidence medium
Evidence of such “other acts” does not include evidence that is “inextricably intertwined with the evidence regarding the charged offense.” United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983); see Price, 329 F.3d at 906 .
discussed Cited as authority (rule) United States v. Ivanova
S.D.N.Y. · 2014 · confidence medium
Evidence of uncharged conduct is not considered “ ‘other crimes’ ” evidence, and therefore not subject to Rule 404(b) analysis, “if it ‘arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial.’ ” United States v. Towne, 870 F.2d 880, 886 (2d Cir.1989) (alterations in original) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)).
discussed Cited as authority (rule) United States v. Peña
S.D.N.Y. · 2013 · confidence medium
Evidence of other uncharged conduct is not considered “bad act” evidence or subject to Rule 404(b) analysis if it “‘arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial.’ ” United States v. Towne, 870 F.2d 880, 886 (2d Cir.1989) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)).
discussed Cited as authority (rule) United States v. Simpson
E.D.N.Y · 2013 · confidence medium
Uncharged criminal activity may be admissible “ ‘if it is necessary to complete the story of the crime [on] trial.’ ” United States v. Towne, 870 F.2d 880, 886 (2d Cir.1989) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)) (brackets in original).
discussed Cited as authority (rule) United States v. Maurice Daniels
11th Cir. · 2012 · confidence medium
Daniels argues that it was “inappropriate” for the government to seek to introduce Ritchie’s statement after she had been excused, but Daniels did not move to recall Ritchie as a witness and it does not appear that “such a recall would have been helpful,” United States v. Weeks, 716 F.2d 830, 833 (11th Cir.1983), in the light of Daniels’s extensive cross-examination of Ritchie.
discussed Cited as authority (rule) United States v. Gregory Valere
11th Cir. · 2010 · confidence medium
“Evidence of criminal activity other than the charged offense is not considered extrinsic within the proscription of Rule 404(b) ... if it was inextricably intertwined with the evidence regarding the charged offense.” United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
discussed Cited as authority (rule) Odum v. State
Md. · 2010 · confidence medium
R. of Evid. 404(b) depends on whether the evidence is extrinsic or intrinsic, and explaining that " ‘other act' evidence is ‘intrinsic’ when the evidence of the other act and the evidence of the crime charged are ‘inextricably intertwined' or both acts are part of a 'single criminal episode’ or the other acts were ‘necessary preliminaries’ to the crime charged”); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (other act evidence does not fall within the proscription of Fed.
discussed Cited as authority (rule) United States v. James Franklin Perry, Sr.
11th Cir. · 2009 · confidence medium
This testimony, however, was not “extrinsic” evidence subject to Rule 404(b) because, since the firearms listed in the indictment were also found in the safe, this testimony was “inextricably intertwined with the evidence regarding the charged offense” and was “necessary to complete the story of the crime of trial.” United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983); see United States v. Edouard, 485 F.3d 1324, 1344 (11th Cir.2007) (“[Ejvidence is inextricably intertwined with the evidence regarding the charged offense if it forms an integral and natural part of the witnes…
examined Cited as authority (rule) State v. Fetelee (6×) also: Cited "see"
Haw. · 2008 · confidence medium
United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (per curiam) (citations omitted); United States v. Johnson, 463 F.3d 803, 808 (8th Cir.2006) (holding that "[e]vidence of other wrongful conduct is considered intrinsic when it is offered for the purpose of providing the context in which the charged crime occurred[,]" i.e., that "the other crimes evidence completes the story or provides a total picture of the charged crime") (internal quotation marks and citation omitted); United States v. Williams, 900 F.2d 823, 825 (5th *725 Cir.1990) (same); see also United States v. Krezdorn, 639 F.…
discussed Cited as authority (rule) United States v. Mahaffy
E.D.N.Y · 2007 · confidence medium
The continuous possession of the same gun does not amount to a series of crimes, but rather constitutes a single offense,” and further noted that, in addition to evidence of a continuous offense charged in the indictment, evidence of uncharged criminal activity is admissible as direct evidence without regard to Rule 404(b) if it “ ‘arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial.’ ” Towne, 870 F.2d…
discussed Cited as authority (rule) Dorsett v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
See United States v. Muscatell, 42 F.3d 627, 630-31 (11th Cir. 1995) (scheme to repeatedly sell apartment units to phony buyers so as to fraudulently inflate the value; evidence of similar prior and subsequent uncharged offenses admissible to show the existence of a continuing scheme to defraud by showing the necessary criminal intent and guilty knowledge); United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir.1984) (witness testified that the defendant had said he was in the cocaine business, including smuggling of cocaine; evidence was admissible on the issue of intent, even though t…
discussed Cited as authority (rule) United States v. Haas (2×)
3rd Cir. · 2006 · confidence medium
“To the extent that our review of the district court’s Rule 404(b) ruling requires us to interpret the rules of evidence our review is plenary, but, if the evidence could [be] admissible in some circumstances, we . . . review the district court’s decision to admit 2 (See App. 106b-c (Government’s Response to Defendant’s Motion in Limine to Exclude Evidence) (citing United States v. Weeks, 716 F.2d 830, 832 (11th Cir. 1983); United States v. Fortenberry, 971 F.2d 717, 721 (11th Cir. 1992); United States v. Costa, 691 F.2d 1358, 1361 (11th Cir. 1982)).) 7 evidence of prior ‘bad acts�…
discussed Cited as authority (rule) United States v. Davis
D.D.C. · 2005 · confidence medium
Evi *262 dence is intrinsic to the crime charged in the indictment if “it is an uncharged offense which arose out of the same transaction or series of transactions as the charged offense [or] if it was inextricably intertwined with the evidence regarding the charged offense.” Id. at 1474 (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)).
discussed Cited as authority (rule) United States v. Hughes
6th Cir. · 2005 · confidence medium
See United States v. Moore, 735 F.2d 289, 292 (8th Cir.1984) (upholding district court’s admission of evidence that a firearm had been found in a drug raid, in order to explain the officer’s presence in the defendant’s house at the time the firearm was found and to avoid jury confusion); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (upholding district court’s admission of evidence that the defendant was under investigation for stealing vehicles, in order to explain the federal agent’s presence at the scene of an assault and the assailant’s animosity toward the agent).
discussed Cited as authority (rule) United States v. Gray
D.D.C. · 2003 · confidence medium
However, evidence is not considered extrinsic or extraneous “if it is inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime .... ” Badru, 97 F.3d at 1474 (citing United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)).
discussed Cited as authority (rule) United States v. Barry Lamont Price
6th Cir. · 2003 · confidence medium
See United States v. DeClue, 899 F.2d 1465, 1472 (6th Cir.1990) (“Evidence which is probative of the crime charged and does not solely concern uncharged crimes is not ‘other crimes’ evidence [pursuant to Rule 404(b)]”); United States v. Towne, 870 F.2d 880, 886 (2d Cir.1989) (“[E]vidence of uncharged criminal activity is not considered ‘other crimes’ evidence under Fed.R.Evid. 404(b) if it ‘arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary…
discussed Cited as authority (rule) United States v. Cross
3rd Cir. · 2002 · confidence medium
Cir. 1996); United States v. Record, 873 F.2d 1363 , 1372 n.5 (10th Cir. 1989); United States v. Richardson, 764 F.2d 1514, 1521-22 (11th Cir. 1985); United States v. Weeks, 716 F.2d 830, 832 (11th Cir. 1983) (per curiam). 20.
discussed Cited as authority (rule) United States v. Walter v. Cross, A/K/A Bobo Walter v. Cross, United States of America v. Jules C. Melograne
3rd Cir. · 2002 · confidence medium
See, e.g., United States v. Badru, 97 F.3d 1471, 1474 (D.C.Cir.1996); United States v. Record, 873 F.2d 1363 , 1372 n. 5 (10th Cir.1989); United States v. Richardson, 764 F.2d 1514, 1521-22 (11th Cir.1985); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (per curiam). 20 .
discussed Cited as authority (rule) Lockett v. Anderson
5th Cir. · 2000 · confidence medium
We especially think that reference to the murder of Mr. Calhoun in Lockett’s trial for the murder of Mrs. Calhoun was unavoidable insomuch as it both completes the picture of the sequence of events, see United States v. Weeks, 716 F.2d 830, 832 (5th Cir.1983) (direct appeal), and explains a motive for Lockett's decision to kill Mrs. Calhoun.
discussed Cited as authority (rule) DM v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
See also U.S. v. Muscatell, 42 F.3d 627, 630 (11th Cir.1995); United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir.1984); United States v. Torres, 685 F.2d 921, 924 (5th Cir.1982); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983); Foster v. State, 679 So.2d 747, 753 (Fla.1996) cert. denied, ___ U.S. ___, 117 S.Ct. 1259 , 137 L.Ed.2d 338 (1997); Austin v. State, 500 So.2d 262, 265 (Fla. 1st DCA 1986).
discussed Cited as authority (rule) D.M. v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
See also U.S. v. Muscatell, 42 F.3d 627, 630 (11th Cir.1995); United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir.1984); United States v. Torres, 685 F.2d 921, 924 (5th Cir.1982); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983); Foster v. State, 679 So.2d 747, 753 (Fla.1996) cert. denied, — U.S. -, 117 S.Ct. 1259 , 137 L.Ed.2d 338 (1997); Austin v. State, 500 So.2d 262, 265 (Fla. 1st DCA 1986).
discussed Cited as authority (rule) United States v. Marcus Morgan, Also Known as Red Ryan Jackson, Also Known as Anthony, Also Known as Tony Jarvis Wright, Also Known as Jaye
5th Cir. · 1997 · confidence medium
The district court’s determination that the evidence was not extrinsic comports with the Eleventh Circuit’s analysis in United States v. Weeks: Evidence of criminal activity other than the charged offense is not considered extrinsic within the proscription of Rule 404(b) of the Federal Rules of Evidence if it is an uncharged offense which arose out of the same transaction or series of transactions as the charged offense, United States v. Kloock, 652 F.2d 492, 494 (5th Cir.1981), if it was inextricably intertwined with the evidence regarding the charged offense, United States v. Killian, 63…
discussed Cited as authority (rule) State v. Goodroad
S.D. · 1997 · confidence medium
In Floody , we acknowledged the Second Circuit Court of Appeals’ holding that “ ‘evidence’ of uncharged criminal activity is not considered ‘other crimes’ evidence if it ‘arose out of the same transaction or series of transactions as the charged offense[.]’ ” Floody, 481 N.W.2d at 253 (quoting United States v. Towne, 870 F.2d 880, 886 (2d Cir.1989)), ce rt. denied, 490 U.S. 1101 , 109 S.Ct. 2456 , 104 L.Ed.2d 1010 (1989) (and citing United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983); 22 Charles Wright & Kenneth Graham, Federal Practice and Procedure § 5239 (1978); E.
discussed Cited as authority (rule) United States of America, Appellee-Cross-Appellant v. Esteban Gonzalez and Alfredo Colon, Defendants-Appellants-Cross-Appellees
2d Cir. · 1997 · confidence medium
R.Evid. 404(b) if it ‘arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial.’” United States v. Towne, 870 F.2d 880, 886 (2d Cir.1989) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)).
cited Cited as authority (rule) United States v. Edward Adio Badru
D.C. Cir. · 1996 · confidence medium
United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (per curiam) (citations omitted).
discussed Cited as authority (rule) United States v. Premnath Birbal, Also Known as Winston, and John T. Wright
2d Cir. · 1995 · confidence medium
United States v. Coonan, 938 F.2d 1553, 1561 (2d Cir.1991) (quoting United States v. Daly, 842 F.2d 1380, 1388 (2d Cir.1988)), cert. denied, 503 U.S. 941 , 112 S.Ct. 1486 , 117 L.Ed.2d 628 (1992); see also Brady, 26 F.3d at 287 (finding evidence of uncharged murders admissible, as probative of existence of the charged conspiracy); United States v. Towne, 870 F.2d 880, 886 (2d Cir.) (evidence of acts that “arose out of the same transaction or series of transactions as the charged offense” is admissible “if it is inextricably intertwined with the evidence regarding the charged offense, or …
cited Cited as authority (rule) United States v. Brett Muscatell, Lewis H. Bower, Jr.
11th Cir. · 1995 · confidence medium
United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
discussed Cited as authority (rule) People v. Quintana (2×)
Colo. · 1994 · confidence medium
United States v. Aleman, 592 F.2d 881, 885 (5th Cir.1979); cf. United States v. Williford, 764 F.2d 1493, 1498 (11th Cir.1985) ("Evidence of an uncharged offense arising from the same series of transactions as that charged is not an extrinsic offense within Rule 404(b)."); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (other act evidence does not fall within the proscription of Rule 404(b) if the evidence is inextricably intertwined with the evidence regarding the charged offense).
discussed Cited as authority (rule) United States v. Joseph Willie Kennedy, A/K/A Snake, United States of America v. Walter Louis Ingram, United States of America v. Walter Louis Ingram, United States of America v. Walter Lee Powell, A/K/A Stinkum, United States of America v. Patricia Ann Carmichael, A/K/A Red Pat
4th Cir. · 1994 · confidence medium
Rather, evidence of uncharged conduct is not considered "other crimes" evidence if it "arose out of the same ... series of transactions as the charged offense, ... or if it is necessary to complete the story of the crime (on) trial." Towne, 870 F.2d at 886 (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)). 26 Here, the subject of Whitmire's testimony was not separate from and unrelated to the charged conspiracy.
discussed Cited as authority (rule) United States v. Kennedy
4th Cir. · 1994 · confidence medium
Rather, evidence of uncharged conduct is not considered “other crimes” evidence if it “arose out of the same ... series of transactions as the charged offense, ... or if it is necessary to complete the story of the crime (on) trial.” Towne, 870 F.2d at 886 (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)).
discussed Cited as authority (rule) United States v. Boyd Adkerson, United States of America v. William Raymond Durham, United States of America v. James Vernon Waller
4th Cir. · 1994 · confidence medium
See United States v. Mark, 943 F.2d 444, 448 (4th Cir.1991); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983). 12 Furthermore, even if the evidence regarding Durham and Waller's gun possession were to be considered 404(b) evidence, it would still have been admissible.
discussed Cited as authority (rule) United States v. Kenneth High
6th Cir. · 1994 · confidence medium
However, 22 evidence of uncharged criminal activity is not considered "other crimes" evidence under Fed.R.Evid. 404(b) if it "arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial." 23 United States v. Towne, 870 F.2d 880, 886 (2d Cir.), cert. denied, 490 U.S. 1101 (1989) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (citations omitted)). 24 We conclude that Sawyer's testimony about the earlie…
discussed Cited as authority (rule) United States v. Bertoli
D.N.J. · 1994 · confidence medium
As the Second Circuit has stated: [E]vidence of uncharged criminal activity is not considered “other crimes” evidence under Fed.R.Evid. 404(b) if it “arose out of the same transaction or series of transactions as the charged offense, if it is inextricably intertwined with the evidence regarding the charged offense, or if it is *1057 necessary to complete the story of the crime on trial.” United States v. Towne, 870 F.2d 880, 886 (2d Cir.) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)), cert. denied, 490 U.S. 1101 , 109 S.Ct. 2456 , 104 L.Ed.2d 1010 (1989); see Unit…
discussed Cited as authority (rule) United States v. William E. Pohl
6th Cir. · 1993 · confidence medium
Moreover, evidence of uncharged bad acts is not considered "other crimes" evidence under Rule 404(b) "if it 'arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial.' " United States v. Roberts, 933 F.2d 517, 520 (7th Cir.1991) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)). 50 Here, it is not altogether clear that Rule 404(b) applies, for the evidence Pohl complains of does not appear to be "ba…
cited Cited as authority (rule) United States v. Carl Veltmann and Christopher Veltmann
11th Cir. · 1993 · confidence medium
United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (citations omitted).
discussed Cited as authority (rule) United States v. David Ronald Chandler, A/K/A Ronnie Chandler
11th Cir. · 1993 · confidence medium
However, Rule 404 does not proscribe evidence of criminal activity other than the charged offense “if it is an uncharged offense that arose out of the same transaction or series of transactions as the charged offense, if it was inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime of trial.” United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (per curiam) (citations omitted).
discussed Cited as authority (rule) United States v. Dolan Wells
11th Cir. · 1993 · confidence medium
In United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983), this court, commenting on Federal Rule of Evidence 404(b), stated: Evidence of criminal activity other than the charged offense is not considered extrinsic within the proscription of Rule 404(b) of the Federal Rules of Evidence if it is an uncharged offense which arose out of the same transaction or series of transactions as the charged offense, ... if it was inextricably intertwined with the evidence *192 regarding the charged offense, ... or if it is necessary to complete the story of the crime of trial_ (Citations omitted).
cited Cited as authority (rule) United States v. Charles Eugene Fortenberry
11th Cir. · 1992 · confidence medium
United States v. Gomez, 927 F.2d 1530, 1535 (11th Cir.1991); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
cited Cited as authority (rule) United States v. Carlos Enrique Lehder-Rivas, A/K/A Joe Lehder, United States of America v. Carlos Enrique Lehder-Rivas, A/K/A Joe Lehder, Jack Carlton Reed
11th Cir. · 1992 · confidence medium
See United States v. Gomez, 927 F.2d 1530, 1534-35 (11th Cir.1991); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
cited Cited as authority (rule) United States v. Lehder-Rivas
11th Cir. · 1992 · confidence medium
See United States v. Gomez, 927 F.2d 1530, 1534-35 (11th Cir.1991); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
discussed Cited as authority (rule) State v. Floody (2×)
S.D. · 1992 · confidence medium
See also United States v. Towne, 870 F.2d 880, 886 (2nd Cir.), cert. denied, 490 U.S. 1101 , 109 S.Ct. 2456 , 104 L.Ed.2d 1010 (1989) (alternative holding: “evidence of uncharged criminal activity is not considered ‘other crimes’ evidence if it ‘arose out of the same transaction or series of transactions as the charged offense....’ ”); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983); 22 C.
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Alan SCOP and Raphael Bloom, Defendants-Appellants
7th Cir. · 1991 · confidence medium
First it argued that the evidence was admissible as substantive evidence of the scheme alleged in the indictment because it was “intertwined with the evidence regarding the charged offense, and was necessary to complete the story of the crime.” United States v. Towne, 870 F.2d 880, 886 (2nd Cir.1989), certiorari denied, 490 U.S. 1101 , 109 S.Ct. 2456 , 104 L.Ed.2d 1010 ; United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
discussed Cited as authority (rule) United States v. Clarence Roberts, Jr.
7th Cir. · 1991 · confidence medium
R.Evid. 404(b) if it ‘arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial.’ ” United States v. Towne, 870 F.2d 880, 886 (2d Cir.), cert. denied, 490 U.S. 1101 , 109 S.Ct. 2456 , 104 L.Ed.2d 1010 (1989) (quoting United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983)).
discussed Cited as authority (rule) United States v. Mark Herre
11th Cir. · 1991 · confidence medium
As a result, the evidence was essentially part of the charged offense, and the district court did not abuse its discretion in admitting evidence of the arrest. 1 See United States v. Weeks, 716 F.2d 830, 832-33 (11th Cir.1983); United States v. Costa, 691 F.2d 1358, 1361 (11th Cir.1982).
cited Cited as authority (rule) United States v. Leavitt
unknown court · 1989 · confidence medium
United States v. Meester, 762 F.2d 867, 877 (11th Cir.1985); United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir.1984); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
cited Cited as authority (rule) United States v. Leavitt
unknown court · 1989 · confidence medium
United States v. Meester, 762 F.2d 867, 877 (11th Cir.1985); United States v. Montes-Cardenas, 746 F.2d 771, 780 (11th Cir.1984); United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983).
discussed Cited as authority (rule) United States v. Edwin A. Towne, Jr.
2d Cir. · 1989 · confidence medium
Finally, even assuming arguendo that Towne’s possession of the pistol on other days did constitute other criminal activity, evidence of uncharged criminal activity is not considered “other crimes” evidence under Fed.R.Evid. 404(b) if it “arose out of the same transaction or series of transactions as the charged offense, if it [is] inextricably intertwined with the evidence regarding the charged offense, or if it is necessary to complete the story of the crime [on] trial.” United States v. Weeks, 716 F.2d 830, 832 (11th Cir.1983) (citations omitted); see United States v. Bagaric, 706 …
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James Wallace WEEKS, Jr., Defendant-Appellant
83-8233.
Court of Appeals for the Eleventh Circuit.
Oct 3, 1983.
716 F.2d 830
E. Kontz Bennett, Jr., Waycross, Ga., for defendant-appellant., William H. McAbee, II, Asst. U.S. Atty., Savannah, Ga., for plaintiff-appellee.
Godbold, Per Curiam, Roney, Tjoflat.
Cited by 80 opinions  |  Published
PER CURIAM:

James Wallace Weeks, Jr. was convicted in a jury trial of assaulting a federal officer with a deadly weapon. 18 U.S.C.A. §§ 111, 2. On appeal, he claims (1) the evidence is not sufficient to support the jury’s finding of sanity at the time the crime was committed, (2) extrinsic evidence regarding stolen motor vehicles was improperly admitted, and (3) the court erred in reopening the evidence to allow the Government to introduce a document. We affirm.

There is no genuine issue as to the fact that defendant knowingly assaulted a federal officer. A federal undercover agent was investigating stolen cars in the south Georgia area. Seeking to meet other associates in the stolen car operations, the agent and Ken Halpin, from whom the agent had purchased stolen vehicles, met with Don Jones, John Foelker, Latan Weeks and .James Weeks, Jr. in a car, and went to defendant Weeks’ residence and then to his office. During the conversation there Weeks accused the agent of being an agent, and Weeks and Jones brandished weapons and beat both the agent and Halpin. The beatings continued after the agent admitted he was an agent. The agent later escaped.

Weeks first argues that the evidence had to cast a reasonable doubt on his sanity. The parties agree that the applicable standard of insanity is the Model Penal Code standard adopted in Blake v. United [*832] States, 407 F.2d 908 (5th Cir.1969) (en bañe):

A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.

Id. at 916; United States v. Figueroa, 666 F.2d 1375, 1377 (11th Cir.1982). Weeks called several lay witnesses and two medical witnesses who testified about his unusual behavior and other indicia of mental illness. The Government’s medical witness, however, testified:

At the time of the alleged offense, Mr. Weeks was most likely of sufficient mental capacity to appreciate the wrongfulness of his conduct. Also, it is my belief that he most likely had the ability to conform his conduct to the requirement of the law.

This conflict of evidence regarding Weeks’ sanity was properly submitted to the jury. See United States v. Hall, 583 F.2d 1288, 1294 (5th Cir.1978); United States v. Fortune, 513 F.2d 883, 891 (5th Cir.), cert. denied, 423 U.S. 1020, 96 S.Ct. 459, 46 L.Ed.2d 393 (1975).

Viewed in the light most favorable to the jury verdict, Glasser v. United States, 315 U.S. 60, 80, 67 S.Ct. 457, 49, 86 L.Ed. 680 (1960), the evidence supports the finding that Weeks was sane at the time of the offense. The finding is supported by the testimony of lay witnesses that Weeks was coherent during and immediately after the offense, as well as the testimony of the Government’s medical expert. See Burks v. United States, 437 U.S. 1, 17 n. 11, 98 S.Ct. 2141, 2150 n. 11, 57 L.Ed.2d 1 (1978) (reviewing court should be especially wary of disturbing jury verdict regarding defendant’s sanity); United States v. Collins, 690 F.2d 431 (5th Cir.), cert. denied, - U.S. -, 103 S.Ct. 1447, 75 L.Ed.2d 801 (1982).

Weeks contends the trial court abused its discretion by admitting evidence that the agent was investigating stolen motor vehicles at the time of the assault. Evidence of criminal activity other than the charged offense is not considered extrinsic within the proscription of Rule 404(b) of the Federal Rules of Evidence if it is an uncharged offense which arose out of the same transaction or series of transactions as the charged offense, United States v. Kloock, 652 F.2d 492, 494 (5th Cir.1981), if it was inextricably intertwined with the evidence regarding the charged offense, United States v. Killian, 639 F.2d 206, 211 (5th Cir.1981), cert. denied, 451 U.S. 1021, 101 S.Ct. 3014, 69 L.Ed.2d 394 (1982), or if it is necessary to complete the story of the crime of trial, United States v. Wilson, 578 F.2d 67, 72-73 (5th Cir.1978).

In this case, the investigation into stolen vehicles explained the agent’s presence with Weeks and his associates, and their animosity towards the agent. The investigation was inextricably linked to the charged offense of assault, was reasonably necessary to complete the story of the crime, and therefore was not extrinsic under Rule 404(b). See United States v. Bloom, 538 F.2d 704, 707 (5th Cir.1976), cert. denied, 429 U.S. 1074, 97 S.Ct. 814, 50 L.Ed.2d 792 (1977); Nunez v. United States, 370 F.2d 538, 539 (5th Cir.1967).

After the close of the evidence the court reopened the case over Weeks’ objection to allow the Government to introduce its exhibit 18, a medical record concerning liver damage suffered by the agent. The document, the treatment record from which defendant’s expert doctor witness had testified, was admitted to correct the impression given by that witness that the agent’s liver damage might have been caused by alcoholism. The reopening of a criminal case to allow the introduction of additional evidence is within the sound discretion of the trial court. United States v. Wilcox, 450 F.2d 1131, 1143 (5th Cir.), cert. denied, 405 U.S. 917, 92 S.Ct. 941, 30 L.Ed.2d 787 (1971). Weeks argues he was prejudiced by the introduction of the report because his medical witness, who had been excused, had no opportunity to explain the document.[*833] Apparently no attempt was made to request the court to recall the witness. There is no indication on this appeal that such a recall would have been helpful to defendant. The trial court did not abuse its discretion in reopening the evidence to admit the medical record.

AFFIRMED.