United States v. Gerges Soliman, 813 F.2d 277 (9th Cir. 1987). · Go Syfert
United States v. Gerges Soliman, 813 F.2d 277 (9th Cir. 1987). Cases Citing This Book View Copy Cite
136 citation events (48 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Kuldip Singh Mundi (ca9, 1989-12-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Kuldip Singh Mundi (2×) also: Cited "see"
9th Cir. · 1989 · signal: see · quote attribution · 1 verbatim quote · confidence high
evidence should not be treated as 'other crimes' evidence when 'the evidence concerning the "other" act and the evidence concerning the crime charged are inextricably intertwined
examined Cited as authority (quoted) United States v. Wineman (2×) also: Cited as authority (rule)
9th Cir. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
the policies underlying the rule are simply inapplicable when some offenses committed in a single criminal episode become other acts because the defendant is indicted for less than all of his actions.
cited Cited as authority (rule) United States v. Ruiz
9th Cir. · 2026 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir. 1987).
cited Cited as authority (rule) United States v. Pricop
9th Cir. · 2025 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir. 1987).
discussed Cited as authority (rule) United States v. Hany Veletanlic
9th Cir. · 2021 · confidence medium
Similarly, the challenged testimony from Agents Grigore and Karabeika falls outside the presumptive scope of Rule 404(b), because it was “inextricably intertwined” with “the evidence concerning the crime[s] charged.” United States v. Dorsey, 677 F.3d 944, 951 (9th Cir. 2012) (quoting United States v. Soliman, 813 F.2d 277, 279 (9th Cir. 1987)).
discussed Cited as authority (rule) Coulter (Kc) Vs. State
Nev. · 2020 · signal: cf. · confidence medium
See NRS 48.035(3) (providing that such evidence "shall not be excluded"); cf. United States v. Soliman, 813 F.2d 277, 279 (9th Cir. 1987) (where evidence is part of a single criminal episode, the policies underlying the prior bad act evidence rule do not apply where the defendant is "indicted for less than all of his actions" (quoting United States v. Alernan, 592 F.2d 881, 885 (5th Cir. 1979))).
discussed Cited as authority (rule) United States v. Joseph Loftis
9th Cir. · 2016 · confidence medium
However, we have also “held that evidence should not be considered ‘other crimes’ or ‘other act’ evidence within the meaning of Rule 404(b) if ‘the evidence concerning the “other” act and the evidence concerning the crime charged are inextricably intertwined.’” United States v. Dorsey, 677 F.3d 944, 951 (9th Cir. 2012) (quoting United States v. Soliman, 813 F.2d 277, 279 (9th Cir. 1987)).
discussed Cited as authority (rule) United States v. Joseph Loftis
9th Cir. · 2016 · confidence medium
However, we have also “held that evidence should not be considered ‘other crimes’ or ‘other act’ evidence within the meaning of Rule 404(b) if ‘the evidence concerning the “other”, act and the evidence concerning the crime charged are inextricably intertwined.’ ” United States v. Dorsey, 677 F.3d 944, 951 (9th Cir. 2012) (quoting United States v. Soliman, 813 F.2d 277, 279 (9th Cir. 1987)).
discussed Cited as authority (rule) United States v. Owusu Firempong (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
See United States v. Rizk, 660 F.3d 1125, 1131-33 (9th Cir.2011); United States v. Soliman, 813 F.2d 277, 278-79 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Terry Christensen
unknown court · 2015 · confidence medium
There was no indication that Christensen knew about the other wiretaps, let alone participated in them, Cf. United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (treating evidence as inextricably intertwined when “[t]he record suggests both that [the defendant] was indicted for less than all of his actions and that [his supervisor’s] mail fraud activities were closely intertwined with [the defendant’s]” (internal quotation marks omitted)).
discussed Cited as authority (rule) United States v. Dorsey
9th Cir. · 2012 · confidence medium
We have held that evidence should not be considered “other crimes” or “other act” evidence within the meaning of Rule 404(b) if “the evidence concerning the ‘other ’ act and the evidence concerning the crime charged are inextricably intertwined.” United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (internal quotation marks, citation, and alteration omitted); accord United States v. Williams, 989 F.2d 1061, 1070 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Rizk (2×)
9th Cir. · 2011 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987). 3 Rule 404(b) provides that evidence of “other crimes, wrongs, or acts” is inadmissible to prove character or criminal propensity but is admissible for other purposes, such as proof of intent, plan, or knowledge.
discussed Cited as authority (rule) United States v. Hattabaugh (2×) also: Cited "see"
9th Cir. · 2008 · confidence medium
“Evidence should not be treated as ‘other crimes’ evidence when ‘the evidence concerning the [“other”] act and the evidence concerning the crime charged are inextricably intertwined.’ ” United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (quoting United States v. Aleman, 592 F.2d 881, 885 (5th Cir.1979) (alteration in original)).
cited Cited as authority (rule) United States v. Devers
9th Cir. · 2008 · confidence medium
United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Davis (2×) also: Cited "see"
9th Cir. · 2006 · confidence medium
See United States v. Sayakhom, 186 F.3d 928, 937-38 (9th Cir. 1999); United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (“To prove the mail fraud counts, the Government had to show the existence of a scheme of mail fraud activity and Soliman’s connection to that scheme.”).
cited Cited as authority (rule) United States v. Fontenette
9th Cir. · 2005 · confidence medium
See Williams, 291 F.3d at 1189 ; United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
cited Cited as authority (rule) United States v. Vogel
9th Cir. · 2005 · confidence medium
United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
cited Cited as authority (rule) United States v. Eldridge
9th Cir. · 2004 · confidence medium
United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Askins
9th Cir. · 2004 · confidence medium
See United States v. Beckman, 298 F.3d 788 , 793—94 (9th Cir.2002); United States v. Vizcarra-Martinez, 66 F.3d 1006 , 1012—13 (9th Cir.1995); United States v. Ramirez-Jiminez, 967 F.2d 1321, 1327 (9th Cir.1992); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987); see also United States v. Miller, 327 F.3d 598, 603 (7th Cir.2003); United States v. Richardson, 764 F.2d 1514 , 1521—22 (11th Cir.1985).
discussed Cited as authority (rule) United States v. Kendal Ray Williams, AKA Wren, AKA Paris Carpenter (2×)
9th Cir. · 2002 · confidence medium
United States v. King, 200 F.3d 1207, 1215 (9th Cir.1999); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
discussed Cited as authority (rule) United States v. James Earl Matthews (2×)
9th Cir. · 2001 · confidence medium
United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (internal quotations and citations omitted).
cited Cited as authority (rule) United States v. Matthews
9th Cir. · 2000 · confidence medium
United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (internal quotations and citations omitted).
discussed Cited as authority (rule) United States v. Norman Anthony King (2×)
9th Cir. · 1999 · confidence medium
United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (citation omitted).
discussed Cited as authority (rule) United States v. Thongsangoune Sayakhom (2×)
9th Cir. · 1999 · confidence medium
"Evidence should not be treatedas `other crimes' evidence when `the evidence concerning the [other ] act and the evidence concerning the crime charged are inextricably intertwined.' " United States v. Soliman , 813 F.2d 277, 279 (9th Cir. 1987) (citing United States v. Aleman , 592 F.2d 881, 885 (5th Cir. 1979)); see also Ripinsky, 109 F.3d at 1442 (uncharged crimes were "direct evidence of the ongoing conspiracy charged in the indictment"); United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012 (9th Cir. 1995) ("when it is clear that particular acts of the defendant are part of, and thus inex…
discussed Cited as authority (rule) United States v. Salvador Olguin
9th Cir. · 1998 · confidence medium
See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012-13 (9th Cir.1995); United States v. Ripinsky, 109 F.3d 1436, 1442 (9th Cir.), amended by, 129 F.3d 518 (1997), cert. denied, --- U.S. ----, 118 S.Ct. 870 , 139 L.Ed.2d 767 (1998); United States v. Williams, 989 F.2d 1061, 1070 (9th Cir.1993); United States v. Soliman, 813 F.2d 277, 278-79 (9th Cir.1987).
cited Cited as authority (rule) United States v. Robert C. Veltri, United States of America v. Vincent Dominic Caci
9th Cir. · 1998 · confidence medium
United States v.. Soliman, 813 F.2d 277, 278 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Tony Buck (2×)
9th Cir. · 1997 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987).
cited Cited as authority (rule) United States v. Joann Baggett, United States of America v. Curtis Burney, United States of America v. Victoria Hayes, United States of America v. Mark Grzesczuk
9th Cir. · 1997 · confidence medium
United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989) (citing United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987)).
discussed Cited as authority (rule) 46 Fed. R. Evid. Serv. 1042, 97 Cal. Daily Op. Serv. 2275, 97 Daily Journal D.A.R. 4131 United States of America v. Juri Ripinsky, United States of America v. J. Malcolm Kingston (2×)
9th Cir. · 1997 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987) (Soliman ).
discussed Cited as authority (rule) United States v. Ripinsky (2×)
9th Cir. · 1997 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987) (Soliman).
discussed Cited as authority (rule) United States v. Young Yil Jo
9th Cir. · 1996 · confidence medium
United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989), cert. denied, 498 U.S. 1119 (1991); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) ("[e]vidence should not be treated as 'other crimes' evidence when the evidence concerning the [other] act and the evidence concerning the crime charged are inextricably intertwined") (internal quotations and citations omitted).
discussed Cited as authority (rule) United States v. Conrado M. Del Mundo
9th Cir. · 1996 · confidence medium
This court has repeatedly held that "[e]vidence should not be treated as 'other crimes' evidence when the evidence concerning the [other] act and the evidence concerning the crime charged are inextricably intertwined." United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987) (quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Kenneth Edward Elliott
9th Cir. · 1996 · confidence medium
A. 7 This circuit has held that "[e]vidence should not be treated as 'other crimes' evidence when the evidence concerning the [other] act and the evidence concerning the crime charged are inextricably intertwined." United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
cited Cited as authority (rule) United States v. Robert Perry Dubin
9th Cir. · 1996 · confidence medium
United States v. Vizcarra-Martinez, 66 F.3d 1006, 1012 (9th Cir.1995); United States v. Williams, 989 F.2d 1061, 1070 (9th Cir.1993); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Denise Brown-Kimble, Etc.
9th Cir. · 1996 · confidence medium
United States v. Andaverde, 64 F.3d 1305, 1314 (9th Cir.1995) (citing United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987)), cert. denied, --- U.S. ----, 116 S.Ct. 1055 (1996). 5 Defendant argues that the district court should not have allowed the introduction of evidence of certain food stamp thefts that occurred in July 1994 for three reasons.
discussed Cited as authority (rule) United States v. George Simon
9th Cir. · 1996 · confidence medium
We have held that "proof of other unlawful acts is not inadmissable under Rule 404(b) ... 'when the evidence concerning the ["other"] act and the evidence concerning the crime charged are inextricably intertwined.' " United States v. Butcher, 926 F.2d 811, 816 (9th Cir.) (quoting United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987)), cert. denied, 500 U.S. 959 (1991).
discussed Cited as authority (rule) United States v. Fernando Vizcarra-Martinez (2×)
9th Cir. · 1995 · confidence medium
As we noted in Williams , “[t]he policies underlying rule 404(b) are inapplicable when offenses committed as part of a ‘single criminal episode’ become other acts simply because the defendant ‘is indicted for less than all of his actions.’ ” Williams, 989 F.2d at 1070 (quoting United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987)).
cited Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Gabriel Valdez ANDAVERDE, Defendant-Appellant
9th Cir. · 1995 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987).
cited Cited as authority (rule) United States v. Lynn Alvarez Broncho
9th Cir. · 1995 · confidence medium
Id. (quoting United States v. Soliman, 813 F.2d 277, 278 (9th Cir. 1987)).
discussed Cited as authority (rule) United States v. Dae Sik Nam, Aka: Nam Dae Sik Aka: \Nam\""
9th Cir. · 1995 · confidence medium
Evidence of prior bad acts that are "inextricably intertwined" with the crime on trial are not subject to Rule 404(b) because they are direct evidence of the crime on trial, rather than "other crimes." United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989), cert. denied, 498 U.S. 1119 (1991); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Fernando Vizcarra-Martinez (2×)
9th Cir. · 1995 · confidence medium
As we noted in Williams, "[t]he policies underlying rule 404(b) are inapplicable when offenses committed as part of a 'single criminal episode' become other acts simply because the defendant 'is indicted for less than all of his actions.' " Williams, 989 F.2d at 1070 (quoting United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987)).
cited Cited as authority (rule) United States v. Richard Santiago, A/K/A \Chuco\""
9th Cir. · 1995 · confidence medium
United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989), cert. denied, 498 U.S. 1119 , 111 S.Ct. 1072 , 112 L.Ed.2d 1178 (1991); United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Kim Sieng Khim
9th Cir. · 1994 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987). 16 This Circuit has adopted the rule that evidence should not be considered "other crimes" evidence when "the evidence concerning the ['other'] act and the evidence concerning the crimes charged are inextricably intertwined." United States v. Williams, 989 F.2d 1061 (9th Cir.1993).
cited Cited as authority (rule) United States v. Jose Rodriguez-Salcedo, United States of America v. Reynaldo Ramos-Armenta
9th Cir. · 1994 · confidence medium
United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Enrique Carmargo, United States of America v. Carlos Arturo Quijano
9th Cir. · 1994 · confidence medium
"Evidence should not be considered 'other crimes' evidence when the evidence concerning the other act and the evidence concerning the crime charged are inextricably intertwined." United States v. Williams, 989 F.2d 1061, 1070 (9th Cir.1993) (quotation attributions omitted); United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987); see United States v. Dunn, 946 F.2d 615, 617-18 (9th Cir.) (holding evidence of drug dealing admissible in prosecution for possession of a weapon, in part because the evidence corroborated other evidence and explained an integral part of the circumstances of the cr…
cited Cited as authority (rule) United States v. Dwayne Edward Bradley
9th Cir. · 1994 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Johnnie T. Warren (2×)
9th Cir. · 1994 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987).
cited Cited as authority (rule) United States v. Edward Lee Baker, AKA \Eddie\"
unknown court · 1993 · confidence medium
See Patterson, 819 F.2d at 1504 n. 3; United States v. Soliman, 813 F.2d 277, 278-79 (9th Cir.1987).
cited Cited as authority (rule) United States v. Baker
unknown court · 1993 · confidence medium
See Patterson, 819 F.2d at 1504 n. 3; United States v. Soliman, 813 F.2d 277, 278-79 (9th Cir.1987).
cited Cited as authority (rule) United States v. Paul Kloeppel, United States of America v. Alan Andre La Police
9th Cir. · 1993 · confidence medium
United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gerges SOLIMAN, Defendant-Appellant
86-5109.
Court of Appeals for the Ninth Circuit.
Mar 25, 1987.
813 F.2d 277
1987 U.S. App. LEXIS 3723
Daryl L. Smith, Beverly Hills, Cal., for defendant-appellant., David W. Wiechert, Los Angeles, Cal., for plaintiff-appellee.
Sneed, Farris, Noonan.
Cited by 110 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: Ninth Circuit (1)
FARRIS, Circuit Judge:

Gerges Solimán began working for United Insurance Company in 1973 as a sales agent. In 1976 he became a sales manager. From 1980 to July 1983 William Ekaireb, one of the sales agents whom Solimán supervised, was engaged in a mail fraud scheme that involved forging death certificates and collecting insurance proceeds under lapsed insurance policies. Ekaireb was subsequently convicted of mail fraud.

In 1986 Solimán was indicted on three counts of mail fraud and two counts of interstate transportation of property taken by fraud. All of the events alleged in the indictment occurred during the period when Solimán was Ekaireb’s supervisor. At trial, the Government introduced a summary chart that described 102 fraudulent insurance claims that Ekaireb had submitted during the period in question. It was admitted over Soliman’s objections. The trial court rejected his argument that the summary chart was inadmissible evidence of “other crimes” under Fed.R.Evid. 404(b). Solimán then requested a limiting instruction on a theory that the summary chart was evidence of intent and knowledge only, and not of guilt. That request was denied. Solimán was convicted on April 14, 1986, and was sentenced on May 15, 1986.

STANDARDS OF REVIEW

Whether the summary chart was “other crimes” evidence within the meaning of Fed.R.Evid. 404(b) is a question of law that is reviewed de novo. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.1984) (en banc). The district court’s decision to admit the summary chart into evidence without giving a limiting instruction is reviewed for an abuse of discretion. See United States v. Campbell, 774 F.2d 354, 356 (9th Cir.1985); United States v. Soulard, 730 F.2d 1292, 1302 (9th Cir.1984).

DISCUSSION

We consider (1) whether the summary chart was “other crimes” evidence within the meaning of Fed.R.Evid. 404(b), and (2) if the chart was “other crimes” evidence, whether the district court abused its discretion by failing to give the requested limiting instruction.

Soliman’s argument is premised on the assumption that the summary chart was “other crimes” evidence within the meaning of Fed.R.Evid. 404(b). Such evidence is admissible to show such things as a defendant’s intent, knowledge, or motive, but not as direct evidence of guilt. Solimán argues that the district court abused its discretion by admitting the summary chart into evidence without instructing the jury as to the chart’s limited evidentiary significance.

The Government’s argument that the summary chart was direct evidence is com[*279] pelling. To prove the mail fraud counts, the Government had to show the existence of a scheme of mail fraud activity and Soliman’s connection to that scheme. See Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 362, 98 L.Ed. 435 (1954). The indictment alleges the existence of, and Soliman’s connection to, such a scheme. The Government’s argument is especially persuasive in view of (1) the fact that Solimán supervised Ekaireb during the period when Ekaireb was engaging in his mail fraud activities, (2) the close similarity between the mail fraud offenses with which Solimán and Ekaireb were charged, and (3) the proximity in both time and space between Ekaireb’s mail fraud activities and the mail fraud offenses with which Solimán was charged. See Campbell, 774 F.2d at 356; United States v. Lester, 749 F.2d 1288, 1299-1300 (9th Cir.1984); United States v. Bernal, 719 F.2d 1475, 1478 (9th Cir.1983).

Evidence should not be treated as “other crimes” evidence when “the evidence concerning the [‘other’] act and the evidence concerning the crime charged are inextricably intertwined.” United States v. Aleman, 592 F.2d 881, 885 (5th Cir.1979). See also 22 C. Wright & K. Graham, Federal Practice and Procedure § 5239 at 441 (1978). In addition, “[t]he policies underlying the rule are simply inapplicable when some offenses committed in a single criminal episode become ‘other acts’ because the defendant is indicted for less than all of his actions.” Aleman, 592 F.2d at 885. The record suggests both that Solimán was indicted for “less than all of his actions” and that Ekaireb’s mail fraud activities were closely intertwined with Soliman’s activities. We agree with the trial court. The summary chart was not “other crimes” evidence.

Even if the summary chart was “other crimes” evidence, the district court did not abuse its discretion by failing to give the requested limiting instruction. In United States v. Minyard, 461 F.2d 931, 934 (9th Cir.1972), we stated “the general rule that where evidence pertaining to another crime is introduced for the purpose of showing the general intent of defendant ... the jury should be instructed as to [its] limited probative effect.” See also United States v. Brown, 562 F.2d 1144, 1148 n. 2 (9th Cir.1977); United States v. Franks, 511 F.2d 25, 36 (6th Cir.), cert. denied, 422 U.S. 1042, 95 S.Ct. 2654, 45 L.Ed.2d 693 (1975). That a district court should give a limiting instruction when admitting “other crimes” evidence does not necessarily mean that a district court abuses its discretion if it fails to do so. “The giving of a limiting instruction is but one factor in deciding whether there has been an abuse of discretion.” Brown, 562 F.2d at 1148. The mail fraud activities described in the summary chart are closely related to the crimes charged in the indictment. Further, in its general charge to the jury, the district court reminded the jury that “Solimán is not on trial for any act or conduct not alleged in the indictment.” This instruction alone is sufficient, under the circumstances here, to warrant a finding that the district court did not abuse its discretion. See Soulard, 730 F.2d at 1302-03.

AFFIRMED.