United States v. Jorge Mendez-Ortiz, 810 F.2d 76 (6th Cir. 1987). · Go Syfert
United States v. Jorge Mendez-Ortiz, 810 F.2d 76 (6th Cir. 1987). Cases Citing This Book View Copy Cite
182 citation events (102 in the last 25 years) across 21 distinct courts.
Strongest positive: People v. Gordon (illappct, 2017-04-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) People v. Gordon
Ill. App. Ct. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
unfair prejudice' does not mean the damage to the defendant's case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.
examined Cited as authority (verbatim quote) People v. Gordon
Ill. App. Ct. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
unfair prejudice' does not mean the damage to the defendant's case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.
examined Cited as authority (verbatim quote) United States v. Pomales
6th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
the fact that defendant attempted to ... threaten an adverse witness indicates his consciousness that his case is a weak or unfounded one; and from that consciousness may be inferred the fact itself of the cause's lack of truth and merit.
cited Cited as authority (rule) United States v. Joshua Dwayne Mabery
6th Cir. · 2024 · confidence medium
United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986) (citation omitted).
discussed Cited as authority (rule) United States v. Everett Eugene Miller, Jr.
6th Cir. · 2024 · confidence medium
A defendant may very well be prejudiced where the expert’s description of child sex offenders’ general behaviors closely aligns 17 No. 23-5485, United States v. Miller with his own actions; however, this prejudice is not necessarily “unfair.” Cf. United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986) (per curiam) (explaining that “unfair prejudice” does not include “damage to the defendant’s case that results from the legitimate probative force of the evidence”).
discussed Cited as authority (rule) Waid v. Snyder
E.D. Mich. · 2024 · confidence medium
(ECF No. 2907, PageID.95634.) Evidence should not be admitted when it is unfairly 14 prejudicial, meaning it “tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986).
discussed Cited as authority (rule) State v. Platt
Ohio Ct. App. · 2024 · confidence medium
It is only the latter that Evid.R. 403 prohibits.’” State v. Skatzes, 104 Ohio St.3d 195 , 2004-Ohio-6391 , 819 N.E.2d 215 , ¶ 107, quoting State v. Wright, 48 Ohio St.3d 5, 8 , 548 N.E.2d 923 (1990). {¶58} Thus, unfair prejudice “does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986); accord State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 89.
discussed Cited as authority (rule) Stewart v. Martin
S.D. Ohio · 2024 · confidence medium
Rule 403 is not concerned with “the damage to [a party’s] case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986).
discussed Cited as authority (rule) Roche Diagnostics Corporation v. Dickstein
E.D. Mich. · 2023 · confidence medium
Rule 403 is not concerned with “the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” Hinkle, 2012 WL 4049477 , at *1 (citing United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986)).
discussed Cited as authority (rule) State v. Evans
Ohio Ct. App. · 2023 · confidence medium
However, Evid.R. 403(A) provides that relevant evidence “is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.” {¶17} Unfair prejudice is not damage to the defendant's case which “ ‘results from the Ross App. No. 22CA31 9 legitimate probative force of the evidence; rather it refers to evidence which tends to suggest decision on an improper basis.’ ” State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 89, quoting United States v. Mendez-Ortiz, 810 F.2d 76, 7…
discussed Cited as authority (rule) United States v. Adam Dean Brown
6th Cir. · 2023 · confidence medium
Unfair prejudice “does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez–Ortiz, 810 F.2d 76, 79 (6th Cir. 1986).
discussed Cited as authority (rule) State v. Mills
unknown court · 2022 · confidence medium
Furthermore, the probative value of this evidence outweighs “the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.” Evid.R. 403(A). {¶ 96} Notably, “[t]he exclusion of relevant evidence under Evid.R. 403(A) requires more than mere prejudice, because anything adverse to a party’s case could be deemed prejudicial to that party.” State v. Worley, 164 Ohio St.3d 589 , 2021- Ohio-2207, 174 N.E.3d 754, ¶ 125 . “[O]nly evidence that is unfairly prejudicial is excludable.” (Emphasis sic.) State v. Crotts, 104 Ohio St.3d 432 , 2004-Ohio-6550 , 820 N.E.2d…
discussed Cited as authority (rule) Freedom's Path at Dayton v. Dayton Metropolitan Housing Authority
S.D. Ohio · 2022 · confidence medium
Rule 403 is not concerned with “the damage to [a party’s] case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986).
discussed Cited as authority (rule) State v. Allen
Ohio Ct. App. · 2022 · confidence medium
However, Evid.R. 403(A) provides that relevant evidence “is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.” Ross App. No. 21CA3736 11 {¶23} Unfair prejudice is not damage to the defendant’s case which “ ‘results from the legitimate probative force of the evidence; rather it refers to evidence which tends to suggest decision on an improper basis.’ ” State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio- 4215, 954 N.E.2d 596 , ¶ 89, quoting United States v. Mendez-Ortiz, 810 F.2d …
cited Cited as authority (rule) United States v. Michael Clark
6th Cir. · 2022 · confidence medium
This sufficiently “indicates [Clark’s] consciousness that his case is a weak or unfounded one.” See United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986) (quotation marks omitted).
examined Cited as authority (rule) Robinson v. Shelby County, Kentucky (3×) also: Cited "see"
E.D. Ky. · 2021 · confidence medium
Mendez-Ortiz, 810 F.2d at 79 (“The fact that defendant attempted to bribe and threaten an adverse witness indicates 1 The Court will only rule on this specific Motion in Limine because it is necessary to resolve the Motion to Bifurcate.
discussed Cited as authority (rule) United States v. Vincent Witort
6th Cir. · 2021 · confidence medium
Unfair prejudice “does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez–Ortiz, 810 F.2d 76, 79 (6th Cir. 1986).
discussed Cited as authority (rule) United States v. James Jackson
6th Cir. · 2021 · confidence medium
See Cyars v. Hofbauer, 383 F.3d 485, 492 (6th Cir. 2004) (holding that a reasonable jury could infer guilt from a collection of evidence that included “discard[ing] the murder weapon and drugs in a manner sufficient to prevent authorities from recovering the evidence”); United States v. Poulsen, 655 F.3d 492, 508 (6th Cir. 2011) (“Our courts admit ‘spoliation evidence, including evidence that a defendant attempted to bribe . . . a witness,’ because such spoliation evidence shows ‘consciousness of guilt.’”) (alteration in original) (quoting United States v. Mendez-Ortiz, 810 F.2…
discussed Cited as authority (rule) In re J.M.
Ohio Ct. App. · 2021 · confidence medium
However, exclusion of relevant evidence is “mandatory” only “if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.” Evid.R. 403(A). “ ‘Unfair prejudice does “ ‘not mean the Pickaway App. Nos. 20CA11, 20CA12, 20CA13, 20CA14 19 damage to a defendant’s case that results from the legitimate probative force of the evidence; rather it refers to evidence which tends to suggest decision on an improper basis.’ ” ’ ” State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 89,…
discussed Cited as authority (rule) United States v. Eduardo Rios Velasquez
6th Cir. · 2020 · confidence medium
See United States v. Fortson, 194 F.3d 730, 737 (6th Cir. 1999); United States v. Maddox, 944 F.2d 1223, 1230 (6th Cir. 1991); United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986); United States v. Franks, 511 F.2d 25, 36 (6th Cir. 1975); see also United States v. Hanson, 208 F.3d 215 , 2000 WL 125863 , at *2 (6th Cir. 2000) (unpublished table decision) (per curiam).
cited Cited as authority (rule) United States v. Willie Somerville
6th Cir. · 2020 · confidence medium
Nos. 19-5815/5817/5983 United States v. Sherrill Page 12 Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986) (per curiam).
discussed Cited as authority (rule) State v. Tolle
Ohio Ct. App. · 2020 · confidence medium
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. * * * Evid.R. 404(B). “‘[E]vidence of other crimes may be presented when “they are so blended or connected with the one on trial as that proof of one incidentally involves the other; or explains the circumstances thereof; or tends logically to prove any element of the crime charged.”’” State v. Wilkinson, 64 Ohio St.2d 308, 317 , 415 N.E.2d 261 (1980), quoting United States v. Turner, 423 F.2d 481, 483-484 (7th C…
discussed Cited as authority (rule) State v. Williams
Ohio Ct. App. · 2019 · confidence medium
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. * * * “ ‘[E]vidence of other crimes may be presented when “they are so blended or connected with the one on trial as that proof of one incidentally involves the other; or explains the circumstances thereof; or tends logically to prove any element of the crime charged.” ’ ” State v. Wilkinson, 64 Ohio St.2d 308, 317 , 415 N.E.2d 261 (1980), quoting United States v. Turner, 423 F.2d 481, 483-484 (7th Cir.1970), quo…
discussed Cited as authority (rule) United States v. David Guy
6th Cir. · 2017 · confidence medium
And any prejudice he faced by the images was a result of the images’ probative force, not because the evidence allowed the jury to rest its decision “on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986).
examined Cited as authority (rule) United States v. Shirley (3×) also: Cited "see", Cited "see, e.g."
D.N.M. · 2016 · confidence medium
One improper basis for decision is propensity evidence; however, as noted above, spoliation evidence “tends to establish consciousness of guilt without any inference as to the character of the spoliator .... ” United States v. Mendez-Ortiz, 810 F.2d at 79 (citation omitted).
discussed Cited as authority (rule) United States v. Rasmieh Odeh (2×)
6th Cir. · 2016 · confidence medium
Those phrases state that Odeh was charged with “placing] explosives in the hall of the Su-perSol in Jerusalem ... with the intention of causing death or injury” and that “[o]ne of the bombs exploded and caused the death of Leon Kannar and Edward Jaffe, May Their Memory Be a Blessing, as well as injuries to a multitude of people.” Rule 403 protects against “evidence which tends to suggest decision on an improper basis.” United States v. Schrock, 855 F.2d 327, 335 (6th Cir.1988) (quoting United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986)) (internal quotation marks omitted)…
discussed Cited as authority (rule) William Michael Jordan v. State of Mississippi
Miss. Ct. App. · 2015 · confidence medium
See also United States v. Miller, 276 F.3d 370, 373 (7th Cir.2002) (“Evidence that the defendant threatened a potential witness or a person cooperating with a government investigation is relevant to show the defendant’s consciousness of guilt.”); Ortiz-Sandoval v. Gomez, 81 F.3d 891, 897 (9th Cir.1996) (holding that evidence of witness intimidation is clearly admissible to show consciousness of guilt); United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986) (holding that evidence of the defendant’s attempts to intimidate an adverse witness is admissible to establish "consciousnes…
discussed Cited as authority (rule) United States v. Al-Din
6th Cir. · 2015 · confidence medium
Unfair prejudice “does not mean the dam age to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
discussed Cited as authority (rule) United States v. Ronald Jeffries
6th Cir. · 2012 · confidence medium
As a general matter, under Federal Rule of Evidence 404(b), “evidence that [a] defendant ... threatened a witness[ ] is admissible to show consciousness of guilt.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
discussed Cited as authority (rule) United States v. Dennis Delaney
6th Cir. · 2011 · confidence medium
Here, while the transcripts described offensive conduct, the prejudice they may have provoked was not unfair. “ ‘Unfair prejudice’ ... does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
cited Cited as authority (rule) United States v. Poulsen
6th Cir. · 2011 · confidence medium
This list is “neither exhaustive nor conclusive.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
discussed Cited as authority (rule) United States v. Roy Cobb
6th Cir. · 2011 · confidence medium
Evidence that is prejudicial only in the sense that it paints the defendant in a bad light is not unfairly prejudicial pursuant to Rule 403.” United States v. Chambers, 441 F.3d 438, 456 (6th Cir.2006) (emphasis in original). “ ‘Unfair prejudice,’ as used in Rule 403, does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
discussed Cited as authority (rule) United States v. Billy Leasure (2×)
6th Cir. · 2009 · confidence medium
This list is not exhaustive, see United States v. Hardy, 228 F.3d 745, 750 (6th Cir.2000), and we have interpreted Rule 404(b) to allow evidence of other acts when they show “consciousness of guilt.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
cited Cited as authority (rule) United States v. Anderson
6th Cir. · 2009 · confidence medium
United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986) (per curiam).
discussed Cited as authority (rule) United States v. White
6th Cir. · 2009 · confidence medium
Evidence that White attempted to obstruct justice with the help of Sappanos by giving Stafford a polygraph test to see if she snitched on him to the government is admissible to show “consciousness of guilt.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986). *192 The evidence that White beat Stafford was admissible to explain Stafford’s prior inconsistent testimony.
discussed Cited as authority (rule) United States v. Karl White, Jr.
6th Cir. · 2009 · confidence medium
Evidence that White attempted to obstruct justice with the help of Sappanos by giving Stafford a polygraph test to see if she snitched on him to the government is admissible to show “consciousness of guilt.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986).
discussed Cited as authority (rule) United States v. Rashid
6th Cir. · 2009 · confidence medium
Under this standard, reversal is warranted only in “exceptional circumstances” where the error is so plain that “the trial judge and prosecutor were derelict in countenancing it.” Id. (quoting United States v. Mendez-Ortiz, 810 F.2d 76, 78 (6th Cir.1986)); see also Girts v. Yanai, 501 F.3d 743, 759 (6th Cir.2007) (under plain error review, relief warranted only where prosecutorial misconduct “exceptionally flagrant”).
discussed Cited as authority (rule) United States v. Kuehne
6th Cir. · 2008 · confidence medium
For example, in Munnerlyn, this Court held that a tape recording of a phone conversation in which a defendant arrested for a robbery made a call from jail No. 06-3668 United States v. Kuehne Page 17 to instruct another person to destroy “it” “was probative evidence suggesting [the defendant’s] consciousness of guilt.” Id. (citing United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986)).
discussed Cited as authority (rule) United States v. Manns
6th Cir. · 2008 · confidence medium
In United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986), cert. denied, 480 U.S. 922 , 107 S.Ct. 1384 , 94 L.Ed.2d 697 (1987), we held that “[t]hough not listed in Rule 404(b), spoliation evidence, including evidence that defendant attempted to ... threaten[ ] a witness, is admissible to show consciousness of guilt.” 4 Id.
cited Cited as authority (rule) United States v. Henderson
S.D. Ohio · 2007 · confidence medium
United, States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
discussed Cited as authority (rule) United States v. Townsend
6th Cir. · 2006 · confidence medium
R.Evid. 403 because its “probative value was substantially outweighed by the danger of unfair prejudice.” As used in Rule 403, “ ‘unfair prejudice’ does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence *451 which tends to suggest decision on an improper basis.” Barnes v. City of Cincinnati, 401 F.3d 729, 744 (6th Cir.2005) (quoting United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986)).
discussed Cited as authority (rule) United States v. Roger D. Blackwell
6th Cir. · 2006 · confidence medium
Cross-Examination “[Spoliation evidence, including evidence that defendant attempted to bribe and threaten[ ] a witness, is admissible to show consciousness of guilt.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986) (collecting cases).
discussed Cited as authority (rule) United States v. Blackwell
6th Cir. · 2006 · confidence medium
Cross-Examination “[S]poliation evidence, including evidence that defendant attempted to bribe and threaten[] a witness, is admissible to show consciousness of guilt.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986) (collecting cases).
cited Cited as authority (rule) Bradley v. Birkett
6th Cir. · 2006 · confidence medium
See People v. Sholl, 453 Mich. 730 , 556 N.W.2d 851, 856 (1996); United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
discussed Cited as authority (rule) United States v. Yi
5th Cir. · 2006 · confidence medium
See also United States v. Paccione, 949 F.2d 1183, 1199 (2d Cir.1991) ("These statements by [the defendant], which the jury was plainly free to interpret as offering bribes, were relevant to show a consciousness of guilt . . . and thereby to cast doubt on his lack-of-intent defense."); United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986) (collecting cases and citing Posey ).
discussed Cited as authority (rule) United States v. Yi
5th Cir. · 2006 · confidence medium
See also United States v. Paccione, 949 F.2d 1183, 1199 (2d Cir.1991) (“These statements by [the defendant], which the jury was plainly free to interpret as offering bribes, were relevant to show a consciousness of guilt ... and thereby to cast doubt on his lack-of-intent defense.”); United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986) (collecting cases and citing Posey).
discussed Cited as authority (rule) United States v. Zheng Xiao Yi
5th Cir. · 2006 · confidence medium
See also United States v. Paccione, 949 F.2d 1183, 1199 (2d Cir.1991) (“These statements by [the defendant], which the jury was plainly free to interpret as offering bribes, were relevant to show a consciousness of guilt ... and thereby to cast doubt on his lack-of-intent defense.”); United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986) (collecting cases and citing Posey).
discussed Cited as authority (rule) United States v. Mayhew
S.D. Ohio · 2005 · confidence medium
The term “unfair prejudice,” as used in Rule 403, “does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
discussed Cited as authority (rule) United States v. Smith
6th Cir. · 2005 · confidence medium
Fugate We disagree with Defendants’ claim that the threat evidence presented by Fugate is subject to Rule 404(b). “[S]poliation evidence, including evidence that defendant attempted to bribe and threatened a witness, is admissible to show consciousness of guilt,” and “[b]ecause spoliation evidence tends to establish consciousness of guilt without any inference as to the character of the spoliator, its admission does not violate Rule 404(b).” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986); see also, United States v. Copeland, 321 F.3d 582, 598 (6th Cir.2003) (citing Uni…
discussed Cited as authority (rule) United States v. Waddell
6th Cir. · 2005 · confidence medium
Likewise, evidence that Knight was actually engaged in criminal activity is relevant to whether, when Waddell called Knight on the day he learned of the searches, his purpose was to warn Knight of a scheduled FBI search. “ ‘Unfair prejudice,’ as used in Rule 403, does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis.” United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir.1986).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jorge MENDEZ-ORTIZ, Defendant-Appellant
85-3975.
Court of Appeals for the Sixth Circuit.
Mar 9, 1987.
810 F.2d 76
Mark B. Weisser, argued, Martin Young & Assoc., Cincinnati, Ohio, for defendant-appellant., Kathleen M. Brinkman, Cincinnati, Ohio, for plaintiff-appellee.
Kennedy, Milburn, Brown.
Cited by 142 opinions  |  Published
MILBURN, Circuit Judge.

Defendant-appellant Jorge Mendez-Ortiz was convicted of conspiracy “to possess with intent to distribute quantities of heroin” in violation of 21 U.S.C. § 846. On appeal defendant argues that the district court committed reversible error by admitting testimony from a government witness which indicated that defendant had threatened and attempted to bribe the witness and by refusing to instruct the jury on the defense of indirect entrapment. Finding no merit in these arguments, we affirm.

I.

In late 1984, Special Agent Richard Stuart of the Drug Enforcement Administration (“DEA”) and Special Agent Steve Barnett of the Federal Bureau of Investigation (“FBI”) commenced an undercover operation in Cincinnati, Ohio, which resulted in two undercover purchases of heroin from Larry Tapager. In March 1985, Agent Stuart again contacted Tapager, who was living with Gary Blair and Autumn Strange near Seattle, Washington. Through a series of telephone. conversations with Tapager and Blair, Agent Stuart made two undercover purchases of heroin from them by mail.

On May 9, 1985, Agents Stuart and Barnett arrested Tapager in Seattle. After a series of telephone conversations between Agent Stuart and Blair and a dinner attended by Blair, Strange and the agents, Blair agreed to supply heroin to the agents. At approximately 12:10 p.m., Blair told Agent Stuart by telephone that he would contact his supplier and get the heroin. Immediately thereafter, four calls were made from Blair’s telephone to 955-7582. When Agent Stuart called back to learn whether Blair had arranged delivery of the heroin, Blair said he had not reached his source. After Agent Stuart completed his call to Blair, another call was placed from Blair’s telephone to 955-7582.

Telephone records of a residence in North Bend, Washington, show calls at 1:33 p.m. and 1:36 p.m. to Blair’s telephone. At 1:41 p.m. Blair telephoned Agent Stuart and said that all was set and that he would meet him in an hour and ten minutes. At 2:55 p.m., defendant and Blair were seen by the agents meeting at a gas station in Bellevue, Washington. After Blair . left, the agents arrested defendant. At 3:07 p.m., Blair called Agent Stuart and said that he was ready to do the deal. Later, Blair was arrested.

When the agents arrested defendant, no heroin was found on his person, but a small vial of heroin was found in the car which he was driving. The agents also seized a pager with the number 955-7582 from the front seat of the car. The pager’s digital display showed 486-5806, the number at Blair’s residence.

The agents located the residence in North Bend, Washington, which Blair had called before he told DEA Agent Stuart the[*78] heroin delivery was set to go. The North Bend residence was a rental property, and the property’s owner identified defendant as one of the two men who rented the residence from him. Telephone records for Blair’s telephone for January 29, 1985, to May 9, 1985, reflect a pattern: on numerous occasions there are one or more calls from Blair’s number to the pager whose number was 955-7582, followed eventually by a call from the North Bend residence to Blair’s number. The telephone at the North Bend residence was subscribed in a name which was a combination of the name of defendant’s wife and the last name of defendant’s cousin.

At defendant’s trial, Blair testified that defendant was the source of the heroin which Blair and Tapager sent by mail to the agents in Cincinnati and that defendant had agreed to bring fourteen to nineteen grams of heroin when he met with Blair in Bellevue, Washington. Blair also testified that defendant told him that another person was holding the heroin and watching the meeting between them (Blair and defendant), that defendant agreed to deliver the heroin only after he (Blair) met with his buyers and signaled defendant that it was safe to make the heroin delivery, and that defendant had been his only source of heroin for six to nine months prior to their arrest.

Blair further testified that he and defendant had been arrested at about the same time, that he and defendant were locked up together, and that defendant blamed him for his arrest and told him basically, “Don’t mess with us.” Finally, Blair testified that defendant offered to pay him and to set him up in the heroin business if he would testify that another person was his heroin supplier and that defendant was merely driving the car owned by this other person.

John Floberg testified that defendant paid him to transport money and heroin between California and Washington during the period September 1984 to February-1985. Craig Wolfe testified that he purchased heroin from defendant weekly during the period August 1984 to April 1985. Tapager and Strange testified that they had seen defendant at Blair’s residence on numerous occasions.

Defendant testified that he purchased heroin from Blair on about six occasions, one of which was on May 9, 1985. However, defendant denied being involved in any other heroin transactions and denied that he had agreed to supply heroin to Blair.

II.

A. Admission of Testimony.

Defendant argues that the district court’s admission of Blair’s testimony that he threatened and attempted to bribe Blair was a “patent violation” of Federal Rule of Evidence 404(b). While defendant objected to admission of Blair’s testimony on the basis of Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964), defendant did not assert, as is required, the specific ground for objection he now urges on appeal. Joint Appendix at 30-37.

Because defendant did not raise Rule 404(b) at trial, this court must consider defendant’s argument under the plain error standard of review. Fed.R.Evid. 103; see also Helminski v. Ayerst Laboratories, 766 F.2d 208, 211 (6th Cir.), cert. denied, — U.S.-, 106 S.Ct. 386, 88 L.Ed.2d 339 (1985). The plain error doctrine is to be used “only in exceptional circumstances” and only where the error is so plain that “ ‘the trial judge and prosecutor were derelict in countenancing it.’ ” United States v. Hook, 781 F.2d 1166, 1172 (6th Cir.) (quoting United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. 1584, 1592, 71 L.Ed.2d 816 (1982)), cert. denied, — U.S.-, 107 S.Ct. 269, 93 L.Ed.2d 246 (1986).

Rule 404(b) forbids admission of evidence of other crimes or acts when offered “to prove the character of a person in order to show that he acted in conformity therewith.” Evidence of other crimes or acts may, however, be admissible for other purposes “such as proof of motive, opportunity, intent, preparation, plan, knowl[*79] edge, identity, or absence of mistake or accident." Fed.R.Evid. 404(b). The list of permissible uses of evidence of other crimes or acts set forth in Rule 404(b) is neither exhaustive nor conclusive. United States v. Wesevich, 666 F.2d 984, 988 (5th Cir.1982); United States v. Johnson, 634 F.2d 735, 737 (4th Cir.1980), cert. denied, 451 U.S. 907, 101 S.Ct. 1974, 68 L.Ed.2d 295 (1981); United States v. Williams, 577 F.2d 188, 192 (2d Cir.), cert. denied, 439 U.S. 868, 99 S.Ct. 196, 58 L.Ed.2d 179 (1978). Rule 404(b) admits evidence of other crimes or acts if the evidence is not offered to prove the conduct of a person by resort to an inference as to his character, regardless of whether it fits within one of the listed uses. See United States v. Shaw, 701 F.2d 367, 386 (5th Cir.1983), cert. denied, 465 U.S. 1067, 104 S.Ct. 1419, 79 L.Ed.2d 744 (1984); United States v. Bradshaw, 690 F.2d 704, 708 (9th Cir.1982), cert. denied, 463 U.S. 1210, 103 S.Ct. 3543, 77 L.Ed.2d 1392 (1983); United States v. Papadakis, 510 F.2d 287, 294 (2d Cir.), cert. denied, 421 U.S. 950, 95 S.Ct. 1682, 44 L.Ed.2d 104 (1975).

Though not listed in Rule 404(b), spoliation evidence, including evidence that defendant attempted to bribe and threatened a witness, is admissible to show consciousness of guilt. United States v. Corbin, 734 F.2d 643, 656 (11th Cir.1984); United States v. Gonzalez, 703 F.2d 1222, 1223 (11th Cir.1983) (per curiam); United States v. Gonsalves, 668 F.2d 73, 75 (1st Cir.), cert. denied, 456 U.S. 909, 102 S.Ct. 1759, 72 L.Ed.2d 168 (1982); United States v. Monahan, 633 F.2d 984, 985 (1st Cir. 1980) (per curiam); United States v. Posey, 611 F.2d 1389, 1391 (5th Cir.1980); United States v. Buigues, 568 F.2d 269, 273 (2d Cir.1978); United States v. Franks, 511 F.2d 25, 36 (6th Cir.), cert. denied, 422 U.S. 1042, 95 S.Ct. 2656, 45 L.Ed.2d 693 (1975). The fact that defendant attempted to bribe and threaten an adverse witness indicates “his consciousness that his case is a weak or unfounded one; and from that consciousness may be inferred the fact itself of the cause’s lack of truth and merit.” II Wigmore, Evidence § 278 (Chadbourn Rev. 1979); see also Gonsalves, 668 F.2d at 75; Monahan, 633 F.2d at 985. Because spoliation evidence tends to establish consciousness of guilt without any inference as to the character of the spoliator, its admission does not violate Rule 404(b). 22 C. Wright & K. Graham, Federal Practice and Procedure § 5240, at 476 (1978).

Although admissible for this purpose, spoliation evidence should not be admitted if its probative value “is substantially outweighed by the danger of unfair prejudice.” Fed.R.Evid. 403. “Unfair prejudice,” as used in Rule 403, does not mean the damage to the defendant’s case that results from the legitimate probative force of the evidence; rather, it refers to evidence which tends to suggest decision on an improper basis. Wade v. Haynes, 663 F.2d 778, 783 (8th Cir.1981), aff'd, 461 U.S. 30, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983); see also Koloda v. General Motors Corp., 716 F.2d 373, 378 (6th Cir.1983). Blair’s testimony, although highly probative of defendant’s guilt, was not inflammatory and presented little danger of unfair prejudice. See Monahan, 633 F.2d at 985. Thus, the district court’s failure to exclude the evidence sua sponte does not rise to the level of plain error.

B. Indirect Entrapment.

Defendant contends that, in light of the evidence that Tapager, Blair and Strange were acting as agents of the government, the district court erred in refusing to instruct the jury on indirect entrapment. [1] “To rely on the defense of entrapment, the defendant must admit all elements of the offense.” United States v. Whitley, 734 F.2d 1129, 1139 (6th Cir.1984); see also United States v. Robinson, 763 F.2d 778, 782 n. 6 (6th Cir.1985); United States v. Ranzoni, 732 F.2d 555, 560 (6th[*80] Cir.), cert. denied, 469 U.S. 916, 105 S.Ct. 292, 83 L.Ed.2d 228 (1984). Since defendant denied participation in the offense charged, he could not assert his entrapment defense at trial and cannot raise it on appeal. Ranzoni, 732 F.2d at 560.

III.

The judgment of the district court is AFFIRMED.

1

. The indirect entrapment defense, adopted by the Second Circuit in United States v. Valencia, 645 F.2d 1158 (2d Cir.1980), has not been adopted by this court. United States v. McLer-non, 746 F.2d 1098, 1109 (6th Cir.1984).