United States v. Jorge L. Diaz, Also Known as \The Mexican, 994 F.2d 393 (1993). · Go Syfert
United States v. Jorge L. Diaz, Also Known as \The Mexican, 994 F.2d 393 (1993). Cases Citing This Book View Copy Cite
22 citation events (4 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Gorman (ca7, 2010-07-28)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Gorman
7th Cir. · 2010 · confidence medium
We have often lumped together these types of evidence, see, e.g., United States v. Diaz, 994 F.2d 393, 394-95 (7th Cir.1993) (“[W]e have said that [direct] evidence is ‘intricately related’ to the occurrence of the charged offense.... ”); United States v. Hargrove, 929 F.2d 316, 320 (7th Cir.1991) (affirming the admission of direct evidence under the intricately related doctrine), and this has only served to further cloud the already murky waters of the inextricable intertwinement doctrine.
cited Cited as authority (rule) United States v. Senffner, Kenneth
7th Cir. · 2002 · confidence medium
See United States v. Ward, 211 F.3d 356, 362 (7th Cir. 2000); United States v. Zarnes, 33 F.3d 1454, 1469 (7th Cir. 1994); United States v. Diaz, 994 F.2d 393, 395 (7th Cir. 1993).
cited Cited as authority (rule) United States v. Kenneth M. Senffner
7th Cir. · 2002 · confidence medium
See United States v. Ward, 211 F.3d 356, 362 (7th Cir.2000); United States v. Zarnes, 33 F.3d 1454, 1469 (7th Cir.1994); United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993).
discussed Cited as authority (rule) United States v. Lane
N.D. Ill. · 2002 · confidence medium
See United States v. Zarnes, 33 F.3d 1454, 1469 (7th Cir.1994) (evidence of drug transactions completed before conspiracy began was intricately related to conspiracy case because it showed how the relationship between the parties began and blossomed into the charged conspiracy); United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993) (same); United States v. Hilgeford, 7 F.3d 1340 , 1345—46 (7th Cir.1993) (evidence of defendant’s litigation concerning ownership of farm lost in foreclosure was intricately related to subsequent prosecution for filing false tax returns where knowledge of nono…
discussed Cited as authority (rule) United States v. Varoudakis
1st Cir. · 2000 · confidence medium
See also United States v. *121 Love, 134 F.3d 595, 603 (4th Cir.1998); United States v. Pipola, 83 F.3d 556, 565-66 (2d Cir.1996); United States v. Rosa, 11 F.3d 315, 334 (2d Cir.1993); United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993).
discussed Cited as authority (rule) United States v. Hughes, Ruben
7th Cir. · 2000 · confidence medium
In short, this evidence gave the jury an accurate picture of the charged crime."); United States v. Diaz, 994 F.2d 393, 395 (7th Cir. 1993) (holding that the facts relating to the unindicted criminal activity "showed that the charged conspiracy existed by showing how the conspiratorial relationship between Gonzalez and Diaz developed.
discussed Cited as authority (rule) United States v. Ruben Hughes
7th Cir. · 2000 · confidence medium
In short, this evidence gave the jury an accurate picture of the charged crime.”); United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993) (holding that the facts relating to the unindicted criminal activity “showed that the charged conspiracy existed by showing how the conspiratorial relationship between Gonzalez and Diaz developed.
discussed Cited as authority (rule) United States v. Ward, Robert D. (2×) also: Cited "see"
7th Cir. · 2000 · confidence medium
In the present case, the testimony of Marini and Wright was intricately related to the charged conspiracy because it showed how the men’s relationship with Ward "began, its basis, and structure, and how the relationship blossomed into the charged conspiracy." United States v. Zarnes, 33 F.3d 1454, 1469 (7th Cir. 1994) (citing United States v. Diaz, 994 F.2d 393, 395 (7th Cir. 1993)).
discussed Cited as authority (rule) United States v. Robert Daniel Ward and Rodney Ellis (2×) also: Cited "see"
7th Cir. · 2000 · confidence medium
In the present case, the testimony of Marini and Wright was intricately related to the charged conspiracy because it showed how the men’s relationship with Ward “began, its basis, and structure, and how the relationship blossomed into the charged conspiracy.” United States v. Zarnes, 33 F.3d 1454, 1469 (7th Cir.1994) (citing United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993)).
discussed Cited as authority (rule) United States v. Eusebio Escobar-De Jesus
1st Cir. · 1999 · confidence medium
In a conspiracy case, evidence of other bad acts, subject always to the requirements of Rule 403, can be admitted to explain the background, formation, and development of the illegal relationship, see United States v. Prevatte, 16 F.3d 767, 775-76 (7th Cir.1994); United States v. Jones, 982 F.2d 380, 382-83 (9th Cir.1993); United States v. Passarella, 788 F.2d 377, 383-84 (6th Cir.1986); United States v. Magnano, 543 F.2d 431, 435 (2d Cir.1976); and, more specifically, to help the jury understand the basis for the co-conspirators’ relationship of mutual trust, see United States v. Love, 134 …
discussed Cited as authority (rule) United States v. DeJesus
1st Cir. · 1999 · confidence medium
In a conspiracy case, evidence of other bad acts, subject always to the requirements of Rule 403, can be admitted to explain the background, formation, and development of the illegal relationship, see United States v. Prevatte, 16 F.3d 767, 775-76 (7th Cir. 1994); United States v. Jones, 982 F.2d 380, 382-83 (9th Cir. 1993); United States v. Passarella, 788 F.2d 377, 383-84 (6th Cir. 1986); United States v. Magnano, 543 F.2d 431, 435 (2d Cir. 1976); and, more specifically, to help the jury understand the basis for the co-conspirators' relationship of mutual trust, see United States v. Love, 13…
cited Cited as authority (rule) United States v. Ramiro Adames, Robert Lynn Jones, and Dennis Finch
7th Cir. · 1996 · confidence medium
United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993).
cited Cited as authority (rule) United States v. Jeffrey A. Spaeni
7th Cir. · 1995 · confidence medium
See United States v. Zarnes, 33 F.3d 1454, 1469 (7th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 2286 , 132 L.Ed.2d 288 (1995); United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993).
cited Cited as authority (rule) United States v. Marina Zarnes, Michael W. Nietupski, Jeffrey L. Hunter, Benny L. Battles, Michael R. Dionne, Marvin G. Bland, and Thomas J. Nietupski
7th Cir. · 1995 · confidence medium
United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993).
discussed Cited as authority (rule) United States v. Augustine Ramirez and Salvador Ramirez
7th Cir. · 1995 · confidence medium
See United States v. Zarnes, 33 F.3d 1454, 1469 (7th Cir.1994) (evidence of drug transactions completed before conspiracy began was intricately related to conspiracy case because it showed how the relationship between the parties began and blossomed into the charged conspiracy); United States v. Diaz, 994 F.2d 393, 395 (7th Cir.1993) (same); Hilgeford, 7 F.3d 1340, 1345-46 (7th Cir.1993) (evidence of defendant’s litigation concerning ownership of farm lost in foreclosure was intricately related to subsequent prosecution for filing false tax returns where knowledge of nonownership was at issu…
discussed Cited as authority (rule) United States v. Frank Diaz and Miguel Bolivar
7th Cir. · 1994 · confidence medium
Although Rule 404(b) forbids evidence of other crimes "to prove the character of a person," it is "admissible for other purposes." Thus Rule 404(b) is inapplicable when dealing with direct evidence of a conspiracy ( United States v. Diaz, 994 F.2d 393, 394-395 (7th Cir.1993)) or when the evidence is intricately related to the facts of the case.
discussed Cited "see" United States v. Jonfit Rodreiquez, Also Known as Jonfit Ramos
8th Cir. · 1994 · signal: see · confidence high
United States v. Rodrequez, 859 F.2d 1321, 1326-27 (8th Cir. 1988), cert. denied, 489 U.S. 1058 (1989); see United States v. Diaz, 994 F.2d 393, 395 (7th Cir. 1993) (preconspiracy drug activity with coconspirator was direct evidence of the charged conspiracy, not Rule 404(b) evidence). 8 Accordingly, we affirm. * The HONORABLE HAROLD D.
discussed Cited "see, e.g." Green, Francis v. Humphrey Elevator and Truck Company and Maintenance Company
3rd Cir. · 1987 · signal: see also · confidence medium
Federal Rules of Civil Procedure Rules 1 to 11, C4-37 (West Supp. 1986) ("It should ... be plain to all lawyers that playing loose with the 120 days after having delayed suit until the eve of the expiration of the statute of limitations can easily have fatal consequences.’’); see id. (“The diversity plaintiff must see to it ... that the day on which the summons is served is within the 120 days (the federal requirement) as well as within the applicable statute of limitations (the state requirement)”); see also Leger v. Ohio Barge Lines, Inc., 38 Fed.R.Serv. 1233, 1233 (W.D.Pa.1984) [Ava…
Retrieving the full opinion text from the archive…
\" Also Known as \"Ascension Garcia
May 28, 1993.
994 F.2d 393
1993 U.S. App. LEXIS 12791
1993 WL 180780
RU
Cudahy, Easterbrook, Manion.
CUDAHY, Circuit Judge.

Undercover agents arrested Gilberto Rios and Rafael Gonzalez for possessing three kilograms of cocaine. The two men told the[*394] agents that they were on their way to deliver two-thirds of the cocaine to the appellant in this case, Jorge Diaz. At the agents’ request Gonzalez agreed to help the agents snare Diaz. Over the course of the five weeks following his arrest Gonzalez made five phone calls to Diaz that the agents recorded. Each of these conversations tied Diaz in some way to Gonzalez and Rios. The essence of the tapes published to the jury may be summarized in the following way. On the first tape (made on February 6, 1991 at 12:25 p.m.), Gonzalez gave Diaz a fabricated excuse for failing to deliver the two kilograms of cocaine the day before — the day he was arrested. On the second tape (made on February 6 at 7:09 p.m.), Gonzalez told Diaz that he had the cocaine but that it was not of the quality that Diaz wanted. Diaz responded that if he could not get anything better he would take what was available. On the third tape (made on February 15 at 3:41 p.m.), Gonzalez and Diaz talked about Rios’s getting arrested. Diaz admonished Gonzalez to be careful. On the fourth tape (made on February 19 at 12:42 p.m.), Gonzalez told Diaz that he was still having trouble getting him cocaine. Diaz told Gonzalez that the delay was acceptable as long as cocaine was still available. On the fifth and final tape (made on March 11 at 4:30 p.m.), Gonzalez and Diaz again talked about Rios. Diaz also said that he was planning to go to Mexico.

Gonzalez also cooperated with the agents by telling them of his dealings with Diaz prior to the arrest. Gonzalez told them about meeting Diaz, about seeing Diaz sell cocaine to others and about buying cocaine from Diaz. He also explained how he had set up with Diaz the cocaine deal that never came to fruition — the deal that the agents broke up by arresting him and Rios.

Diaz was indicted as a co-conspirator of Gonzalez and Rios for conspiring to possess with intent to distribute two kilograms of cocaine in violation of 21 U.S.C. § 846. Before his trial Diaz moved to have the five tape-recorded phone conversations with Gonzalez excluded as evidence. Diaz argued that the tapes were made after the conspiracy ended and thus should be excluded as evidence of other bad acts that would prejudice Diaz by showing his propensity for crime bearing on the conduct (the conspiracy) with which he was charged. The court held that the tapes could be admitted at trial because they revealed information “intricately related to the charged crime.” The court also ruled that the tapes were evidence of other bad acts admissible under Federal Rule of Evidence 404(b) because they showed intent and knowledge. [1] The court did not regard the evidence as unduly prejudicial under Federal Rule of Evidence 403.

Diaz also moved before trial to bar Gonzalez from testifying about any drug deals that they had completed before the start of the charged conspiracy. Again Diaz argued that those transactions were unrelated to the conspiracy and that the government wanted to use that other crimes evidence to show his propensity to commit the crime with which he was charged. The court admitted the challenged testimony under Rule 404(b) to show knowledge, identity and intent. A jury convicted Diaz of the conspiracy charge, which the government proved primarily through the tapes and Gonzalez’s testimony.

Diaz argues on appeal that it was improper for. the jury to have heard the tapes or Gonzalez’s testimony about Diaz’s other bad acts. Diaz contends that the tapes, made after the conspiracy ended, and the testimony, which referred to his conduct before the conspiracy started, were used only to show his propensity to commit the crime charged. These are, of course, arguments that the evidence in question should have been barred because it violated Federal Rule of Evidence 404(b). Diaz, however, mischaracterizes the evidence as evidence of other bad acts; in fact, the evidence introduced here was direct evidence of Diaz’s involvement in the conspir[*395] acy. In similar cases we have said that this kind of evidence is “intricately related” to the occurrence of the charged offense — that is, the taped conversations pertained directly to Diaz’s involvement in the conspiracy. United Staten v. Hargrove, 929 F.2d 316, 320 (7th Cir.1991). The tapes included talk of a planned drug deal among the conspirators, talk about the quality of the drugs and talk about the survival of the conspiracy in light of Rios’s arrest. These discussions were acts that furthered the goals of the conspiracy; they were not “other bad acts,” not directly related to the conspiracy.

We take the same view of Gonzalez’s testimony with respect to his preconspiracy cocaine deals with Diaz. The facts of those deals showed that the charged conspiracy existed by showing how the conspiratorial relationship between Gonzalez and Diaz developed. This testimony established how the conspirators came to know each other, how they established a relationship of trust through their associations and how these events flowered into the charged conspiracy. These acts were direct evidence of the conspiracy.

When dealing with direct evidence of the conspiracy as we are here, Rule 404(b) never comes into play. Rule 403, however, still protects Diaz against the admission of evidence that is unduly prejudicial. United States v. Sophie, 900 F.2d 1064, 1074 (7th Cir.1990). In light of the balancing of probativeness against prejudice required by Rule 403, the district court did not abuse its discretion in admitting the tapes and the testimony. United States v. Whalen, 940 F.2d 1027, 1032 (7th Cir.1991). The direct relevance of the tapes is clear. Believing the conspiracy to be ongoing Diaz continued to act as a conspirator, as the tapes disclose. Diaz argues that, despite the relevance of the evidence, it unduly prejudiced him because without the tapes the government had a weak case. But this contention goes more to the probativeness of the tapes than to any “prejudice” connected with them. [2] The court did not abuse its discretion by admitting the tapes as evidence against Diaz. The similar argument with respect to Gonzalez’s testimony fails for the same reason. Diaz was dealing drugs at a time shortly before the initial date of the charged conspiracy and involving the same kind of drugs as the conspiracy. The district court did not abuse its discretion by allowing Gonzalez to testify about how Diaz’s drug dealing prior to the conspiracy led to the conspiracy.

Affirmed.

1

. Judge Rovner made the initial ruling on the motion involving the tapes. The case was reassigned to Judge Hart, who reconsidered the motion. Judge Hart agreed in the main with Judge Rovner’s ruling, but he narrowed the purposes for which the government could use the tapes by rcjecting Judge Rovner's decision to let the evidence in for the purpose of showing identity. Judge Hart accordingly redacted the parts of the transcript that his ruling excluded. Only Judge Hart heard and ruled on the motion involving the testimony of Gonzalez.

2

. Even if the tapes were considered to be "other acts” evidence, the jury was twice instructed to consider them only for the limited purpose of determining whether Diaz had the intent to participate in the conspiracy.