United States v. Robert Joseph Lambert, 995 F.2d 1006 (10th Cir. 1993). · Go Syfert
United States v. Robert Joseph Lambert, 995 F.2d 1006 (10th Cir. 1993). Cases Citing This Book View Copy Cite
142 citation events (69 in the last 25 years) across 21 distinct courts.
Strongest positive: United States v. Burns (ca1, 1998-11-20)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Burns
1st Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
although coercion and at least implied threats are necessarily involved in the bank robbery offense, express threats of death are not.
examined Cited as authority (verbatim quote) United States v. Burns (2×)
1st Cir. · 1998 · signal: see · quote attribution · 2 verbatim quotes · confidence high
although coercion and at least implied threats are necessarily involved in the bank robbery offense, express threats of death are not.
examined Cited as authority (quoted) United States v. Grant (3×) also: Cited as authority (rule)
10th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence low
other act evidence is intrinsic when the evidence of the 847 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.
cited Cited as authority (rule) State v. Blackwing
Utah · 2025 · confidence medium
(Quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993).) ¶24 The distinction between intrinsic and extrinsic evidence was first acknowledged by this court in a footnote.
cited Cited as authority (rule) United States v. Roberts
10th Cir. · 2024 · confidence medium
United States v. O’Brien, 131 F.3d 1428, 1432 (10th Cir. 1997) (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993)).
discussed Cited as authority (rule) United States v. Abe
10th Cir. · 2024 · confidence medium
“We have held that ‘[o]ther act evidence is intrinsic’—and thus not subject to Rule 404(b)—‘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.’” Id. (alteration in original) (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993)).
discussed Cited as authority (rule) United States v. Campus
N.D. Okla. · 2022 · confidence medium
Specifically, the other act and “the evidence of the crime charged . . . are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.” United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993) (internal quotations omitted).
discussed Cited as authority (rule) United States v. Murry
10th Cir. · 2022 · confidence medium
“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.” Id. (citing United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993)).
discussed Cited as authority (rule) United States v. Eaves (2×) also: Cited "see"
N.D. Okla. · 2016 · confidence medium
United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Kupfer (Joseph) (2×) also: Cited "see"
10th Cir. · 2015 · confidence medium
United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (quoting United States v. Williams, 900 F.2d 823, 825 (5th Cir.1990)). 4 .
examined Cited as authority (rule) United States v. Allen (3×) also: Cited "see"
10th Cir. · 2015 · confidence medium
“Other act evidence is intrinsic when the evidence of the other act and the evidence of the crime charged are *781 inextricably intertwined or both acts are part of a single criminal episode or the other acts were necessary preliminaries to the charged crime.” Lambert, 995 F.2d at 1007 (internal quotation marks omitted).
cited Cited as authority (rule) State v. Plevyak
Ohio Ct. App. · 2014 · confidence medium
See, e.g., United States v. Barnes, 49 F.3d 1144, 1149 (6th Cir.1995); United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993); United States v. Allen, 960 F.2d 1055, 1058 (D.C.
discussed Cited as authority (rule) United States v. Peter Rollack
4th Cir. · 2014 · confidence medium
Other criminal acts are considered "intrinsic" if they are "inextricably 8 intertwined or both acts are part of a single criminal episode or other acts were necessary preliminaries to the crime charged." See id., at 88 (adopting the standard of United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993)).
discussed Cited as authority (rule) United States v. Battles
10th Cir. · 2014 · confidence medium
"We have held that other act evidence is intrinsic — and thus not subject to Rule 404(b) — 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. Irving, 665 F.3d 1184, 1212 (10th Cir.2011) (alteration omitted) (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Tucker
10th Cir. · 2012 · confidence medium
See United States v. Irving, 665 F.3d 1184, 1212 (10th Cir 2011) (“If the contested evidence is intrinsic to the charged crime, then Rule 404(b) is not even applicable[; o]f course, such evidence remains ‘subject to the requirement of [Federal Rule of Evidence] 403 that its probative value is not substantially outweighed by the danger of unfair prejudice.’ ” (second alteration in original) (citation omitted) (quoting United States v. Lambert, 995 F.2d 1006, 1007-08 (10th Cir.1993))); cf. United States v. Hollis, 971 F.2d 1441, 1447 (10th Cir.1992) (finding no abuse of discretion where,…
discussed Cited as authority (rule) United States v. Cory Harris
4th Cir. · 2012 · confidence medium
Uncharged conduct is considered intrinsic to the crime when it is “inextricably intertwined or ... [is] part of a single criminal episode or ... w[as] [a] necessary preliminar[y] to the crime charged.” Id. (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) cert. denied, 510 U.S. 926 , 114 S.Ct. 333 , 126 L.Ed.2d 278 (1993)).
examined Cited as authority (rule) United States v. Irving (4×) also: Cited "see"
10th Cir. · 2011 · confidence medium
Of course, such evidence remains "subject to the requirement of [Federal Rule of Evidence] 403 that its probative value is not substantially outweighed by the danger of unfair prejudice." United States v. Lambert, 995 F.2d 1006, 1007-08 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Reginald Morton
4th Cir. · 2011 · confidence medium
Evidence of a defendant’s criminal conduct is “intrinsic” when it is “inextricably intertwined” with conduct that has been charged, or “part of a single criminal episode.” United States v. Chin, 83 F.3d 83, 88 (4th Cir.1996) (quoting United *781 States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Robles
10th Cir. · 2011 · confidence medium
“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. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993) (quotation omitted).
discussed Cited as authority (rule) State v. Burke (2×) also: Cited "see, e.g."
Utah Ct. App. · 2011 · confidence medium
R.Evid, 404 advisory comm. notes; United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (" 'Rule 404(b) only applies to evidence of acts extrinsic to the charged crime."" (quoting Umited States v. Pace, 981 F.2d 1123, 1135 (10th Cir.1992))).
discussed Cited as authority (rule) United States v. Pollino
4th Cir. · 2009 · confidence medium
Acts are intrinsic when they are “inextricably intertwined or both acts are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.” Id. (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
cited Cited as authority (rule) United States v. Woody
10th Cir. · 2007 · confidence medium
Because aiding and abetting requires specific intent, United States v. Lambert, 995 F.2d 1006, 1008 (10th Cir.1993), the act of assaulting Tutt, standing alone, is insufficient.
discussed Cited as authority (rule) Andrew v. State (2×)
Okla. Crim. App. · 2007 · confidence medium
"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. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993), quoting United States v. Williams, 900 F.2d 823, 825 (5th Cir.1990). .
discussed Cited as authority (rule) United States v. Walsh
4th Cir. · 2007 · confidence medium
Where evidence is admitted “ ‘as to acts intrinsic to the crime charged, and is not admitted solely to demonstrate bad character, it is admissible.’ ” United States v. Higgs, 353 F.3d 281, 311 (4th Cir.2003) (quoting United States v. Chin, 83 F.3d 83, 88 (4th Cir.1996)). “[A]cts are intrinsic when they are ‘inextricably intertwined or [the] acts are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.’” Chin, 83 F.3d at 88 (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Killian
4th Cir. · 2007 · confidence medium
“Other criminal acts are intrinsic when they 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. Chin, 83 F.3d 83, 88 (4th Cir.1996) (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)) (internal quotations omitted).
discussed Cited as authority (rule) United States v. James
10th Cir. · 2007 · confidence medium
In addition, we have held “[ojther 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. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (quotation marks and citation omitted) (emphasis added).
discussed Cited as authority (rule) United States v. James
10th Cir. · 2007 · confidence medium
In addition, we have held “[o]ther 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. Lam bert, 995 F.2d 1006, 1007 (10th Cir. 1993) (quotation marks and citation omitted) (emphasis added).
discussed Cited as authority (rule) United States v. Thompson
4th Cir. · 2006 · confidence medium
Acts are intrinsic when they are “inextricably intertwined or both acts are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.” Id. (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Jordan
4th Cir. · 2006 · confidence medium
Acts are intrinsic when they are “inextricably intertwined or both acts are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.” Id. (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Brooks
4th Cir. · 2005 · confidence medium
Acts are intrinsic when they are “inextricably intertwined or both acts are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.” Id. (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
cited Cited as authority (rule) United States v. Jeffrey
unknown court · 2005 · confidence medium
See United States v. Green, 175 F.3d 822, 831 (10th Cir.1999); United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993).
cited Cited as authority (rule) United States v. Jeffery
10th Cir. · 2005 · confidence medium
See United States v. Green, 175 F.3d 822, 831 (10th Cir. 1999); United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993).
discussed Cited as authority (rule) United States v. Armour
10th Cir. · 2004 · confidence medium
The government’s position is that the evidence was not offered, or admitted, as 404(b) evidence, but was admissible as evidence “intrinsic to the crime charged,” citing U.S. v. O’Brien 131 F.3d 1428, 1432 (10th Cir.1997) (“It is well-settled that Rule 404(b) does not apply to other act evidence that is intrinsic to the crime charged ... when the evidence of the other act and the evidence of the crime charged are inextricably intertwined ...”); U.S. v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (“Other act evidence is intrinsic when the evidence of the other act and evidence of …
discussed Cited as authority (rule) United States v. Nichols
10th Cir. · 2004 · confidence medium
“Other act evidence is intrinsic,” and thus not excludable under Rule 404(b), “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. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Collins (2×) also: Cited "see, e.g."
10th Cir. · 2004 · confidence medium
“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. Lambert, 995 F.2d 1006, 1007 (10th Cir.) (quotation marks and citation omitted), cert. denied, 510 U.S. 926 , 114 S.Ct. 333 , 126 L.Ed.2d 278 (1993).
discussed Cited as authority (rule) United States v. Hemphill
6th Cir. · 2003 · confidence medium
The 1991 Advisory Committee note to Rule 404(b) is in agreement: “The amendment does not extend to evidence of acts which are ‘intrinsic’ to the charged offense, see United States v. Williams, 900 F.2d 823 (5th Cir. 1990)....” For similar holdings, see United States v. Dozie, 27 F.3d 95, 97 (4th Cir.1994) (per curiam), United States v. Nicholson, 17 F.3d 1294, 1298 (10th Cir.1994), United States v. Sparks, 2 F.3d 574, 581 (5th Cir.1993), and United States v. Lambert, 995 F.2d 1006, 1007-08 (10th Cir.1993).
discussed Cited as authority (rule) United States v. Stokes
4th Cir. · 2003 · confidence medium
Criminal acts are intrinsic when the crimes at issue are “inextricably intertwined or [the] acts are part of a single criminal episode or the other acts were necessary prehminaries to the crime charged.” United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (adopted by United States v. Chin, 83 F.3d 83, 88 (4th Cir.1996)).
discussed Cited as authority (rule) United States v. Fredette
10th Cir. · 2003 · confidence medium
“Factual findings made at sentencing are reviewed under a clearly erroneous standard, but the district court’s legal interpretation of the guidelines is reviewed de novo.” United States v. Lambert, 995 F.2d 1006, 1008 (10th Cir.1993).
cited Cited as authority (rule) United States v. Rourke
10th Cir. · 2002 · confidence medium
United States v. Lambert, 995 F.2d 1006, 1008 (10th Cir.1993).
cited Cited as authority (rule) United States v. Proffit
10th Cir. · 2002 · confidence medium
United States v. Lambert, 995 F.2d 1006, 1008 (10th Cir.1993) (factual findings subject to clear error review, interpretation of the Guidelines reviewed de novo).
discussed Cited as authority (rule) United States v. Arclese
5th Cir. · 2002 · confidence medium
See United States v. Hickman, 151 F.3d 446, 463 (5th Cir.1998) (murder during a restaurant robbery), reh’g granted and opinion vacated, 165 F.3d 1020 (1999), aff’d by an equally divided court, 179 F.3d 230 (1999) (per curiam); United States v. Parker, 241 F.3d 1114, 1118 (9th Cir. 2001) (physical restraint in a bank robbery); United States v. Cover, 199 F.3d 1271 , 1274-75 (11th Cir. 2000) (carjacking as part of an unplanned escape); United States v. Lambert, 995 F.2d 1006, 1009 (10th Cir. 1993) (death threat made to bank teller); United States v. Dixon, 982 F.2d 116, 120 (3rd Cir. 1992) (…
discussed Cited as authority (rule) United States v. Coleman
4th Cir. · 2001 · confidence medium
Acts are intrinsic when they are “inextricably intertwined or both acts are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.” Id. (quoting United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Arney (2×) also: Cited "see"
10th Cir. · 2001 · confidence medium
Evidence is direct or intrinsic to the crime charged if “both acts are part of a single criminal episode or the other acts were necessary preliminaries to the crime charged.” United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (internal quotation marks omitted).
cited Cited as authority (rule) United States v. Cerpa
10th Cir. · 2000 · confidence medium
United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir. 1993) (emphasis added).
cited Cited as authority (rule) United States v. Smith
10th Cir. · 2000 · confidence medium
United States v. Lambert , 995 F.2d 1006, 1008 (10th Cir. 1993).
discussed Cited as authority (rule) United States v. Summers (2×)
11th Cir. · 1999 · confidence medium
U.S. v. Lambert, 995 F.2d 1006, 1009 (10th Cir.1993). 9 Not surprisingly, on the question of the plain meaning of the word "express" and the original Guideline this court finds most persuasive the opinion in United States v. Alexander, 88 F.3d 427 (6th Cir.1996) and the dissenting opinions of Judge Easterbrook in United States v. Hunn, 24 F.3d 994, 999-1000 (7th Cir.1994); Judge Becker in United States v. Figueroa, 105 F.3d 874, 880-882 (3rd Cir.1997) Judge Rovner in United States v. Carbaugh, 141 F.3d 791, 795-798 (7th Cir.1998) and Judge Lynch in United States v. Burns, 160 F.3d 82, 86-87 (1…
discussed Cited as authority (rule) United States v. Summers
11th Cir. · 1999 · confidence medium
U.S. v. Lambert, 995 F.2d 1006, 1009 (10th Cir. 1993). 9 done so not because of ambiguity in the Guideline, but due to either the mistaken understanding of plain language and specific examples or to the transformation of a necessarily vague summary of intent in the original commentary into the controlling standard of the Guideline.
discussed Cited as authority (rule) United States v. Green
10th Cir. · 1999 · confidence medium
Federal Rule of Evidence 404(b) provides that “[ejvidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith,” but may be admitted for a proper purpose if reasonable notice is given. “ ‘Rule 404(b) only applies to evidence of acts extrinsic to the crime charged.’ ” United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993) (quoting United States v. Pace, 981 F.2d 1123, 1135 (10th Cir.1992)).
discussed Cited as authority (rule) United States v. Rollack
4th Cir. · 1999 · confidence medium
Other criminal acts are considered “intrinsic” if they are “inextricably intertwined or both acts are part of a single criminal episode or other acts were necessary preliminaries to the crime charged.” See id. at 88 (adopting the standard of United States v. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993)).
discussed Cited as authority (rule) United States v. Arana
E.D. Mich. · 1998 · confidence medium
“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. Lambert, 995 F.2d 1006, 1007 (10th Cir.1993), cert. denied, 510 U.S. 926 , 114 S.Ct. 333 , 126 L.Ed.2d 278 (1993).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert Joseph LAMBERT, Defendant-Appellant
92-4146.
Court of Appeals for the Tenth Circuit.
Jun 14, 1993.
995 F.2d 1006
1993 U.S. App. LEXIS 15286
1993 WL 197895
Joseph C. Fratto, Jr., Salt Lake City, UT, for defendant-appellant., Wayne T. Dance, Asst. U.S. Atty. (David J. Jordan, U.S. Atty., with him, on the brief), Salt Lake City, UT, for plaintiff-appellee.
McKay, Logan, Baldock.
Cited by 106 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Tenth Circuit (1)
LOGAN, Circuit Judge.

Defendant Robert Joseph Lambert appeals his conviction and sentence for bank robbery in violation of 18 U.S.C. § 2113(a) and 18 U.S.C. § 2. He contends that the court improperly admitted certain evidence at trial, and erred by adding two points in calculating his sentencing offense level for a threat made by another participant in the crime.

I

Viewed most favorably to the government, as required because of the jury verdict of conviction, the evidence showed the following. On January 8,1992, defendant and Paul Douglas Keddington entered First Security Bank, a federally-insured bank in Sandy, Utah. While defendant stood in the center of the lobby, Keddington approached the teller and demanded money. Producing a plastic supermarket bag, Keddington told the teller: “Please put all of your money in the bag. You have ten seconds or the person behind me will shoot someone.” II R. 30. At the time defendant had a plastic toy gun, painted black, in his jacket pocket, but did not brandish it. Rather, defendant stood with his arms crossed, his right hand concealed under the left side of his jacket. After the teller put $1214 in the bag Kedding-ton and defendant fled.

After his arrest, Keddington agreed to plead guilty and testify against defendant. At defendant’s trial, Keddington testified that defendant had moved in with him in December 1991; that just after Christmas they had had discussions concerning a bank robbery; that on January 3, he and defendant, while in a supermarket next door to First Security that had a branch of Zion’s Bank in it, discussed potential targets for a robbery including First Security; and that defendant rejected the supermarket because it was too busy. Keddington testified that during their discussion defendant stated that he had seen a man in the Zion’s branch bank within the store with “a lot of money in a bag,” and that “he could take it,” III R. 50; and that defendant said he had seen the man “deposit a large amount of money,” and that he “could slam the guy and take the bag.” Id. Defense counsel objected to this testimony, and subsequently moved for a mistrial on the ground that the evidence was highly prejudicial and not otherwise admissible. This motion was denied.

At sentencing, the government sought a two-level enhancement under U.S.S.G. § 2B3.1(b)(2)(F) for making an express threat of death. Defendant objected, noting that it was Keddington who had made the threat to the teller, and arguing that the government had presented no evidence to connect defendant to the threat. The district court disagreed, and applied the enhancement.

II

The district court’s decisions not to grant a mistrial and to admit the challenged evidence are reviewed for abuse of discretion. United States v. Easter, 981 F.2d 1549, 1553-54 (10th Cir.1992). Defendant argues that Keddington’s testimony concerning the conversation in the supermarket constituted impermissible character evidence inadmissible under Fed.R.Evid. 404(b); the government contends that the discussion was intrinsic to the planning for the charged offense, and not an extrinsic act covered by 404(b).

“Rule 404(b) only applies to evidence of acts extrinsic to the charged crime.” United States v. Pace, 981 F.2d 1123, 1135 (10th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1401, 122 L.Ed.2d 774 (1993). “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. Williams, 900 F.2d 823, 825 (5th Cir.1990) (internal quotations omitted). Such intrinsic “other act” evidence, although not excluded by 404(b), is still subject to the requirement[*1008] of Fed.R.Evid. 403 that its probative value is not substantially outweighed by the danger of unfair prejudice. United States v. Fortenberry, 971 F.2d 717, 721 (11th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1020, 122 L.Ed.2d 166 (1993).

In this case, the discussions between defendant and Keddington occurred in the preliminary planning of the bank robbery; immediately after the complained-of remarks, defendant identified First Security to Ked-dington as a good target for a bank robbery. Ill R. 51. According to Keddington the two continued their discussions over the next several days, always focusing on First Security as the robbery target. When contemplating a robbery, inspection and selection of possible targets and discussion of the feasibility of robbing each is standard operating procedure. That the discussion complained of did not focus on First Security is not dispositive; defendant and Keddington were engaged in deciding how and when to undertake a robbery, and immediately thereafter they focused on First Security, the robbery for which defendant was convicted. The substance of the conversation was thus intrinsic to the crime charged, and its admission was not an abuse of discretion. [1]

Ill

Defendant also objects to the imposition of a two-level sentencing enhancement under U.S.S.G. § 2B3.1(b)(2)(F) for the threat made by Keddington in the robbery. Keddington’s statement — that the teller had ten seconds to put money in the bag or “the person behind me will shoot someone” — is considered an express threat of death under the guidelines. See id. comment, (n. 7). Factual findings made at sentencing are reviewed under a clearly erroneous standard, but the district court’s legal interpretation of the guidelines is reviewed de novo. United States v. Underwood, 982 F.2d 426, 428 (10th Cir.1992); United States v. Roberts, 980 F.2d 645, 647 (10th Cir.1992).

The government argues that defendant is properly subject to the enhancement under U.S.S.G. § lB1.3(a)(l)(A), because his presence aided and abetted Keddington’s threat. That subsection provides that “all acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by the defendant” may be considered in sentencing. In essence the government contends that as an aider and abettor defendant is as responsible for the acts of his companion in crime as if he had performed the act — made the threat — himself.

Aider and abettor liability requires specific intent. United States v. Triplett, 922 F.2d 1174, 1178 (5th Cir.), cert. denied, — U.S. -, 111 S.Ct. 2245, 114 L.Ed.2d 486 (1991). [2] As we read subsection (A) and the illustrative examples, defendant would be charged, for sentencing purposes, with the full amount of the money taken from the teller by Kedding-ton, regardless of whether he could reasonably foresee what amount that would be, because procuring the money was the object of the crime defendant aided and abetted. The government would have us hold defendant responsible for the threat of death Ked-dington made, whether or not foreseeable, because a threat of force and violence or intimidation is an element of the bank robbery statute under which defendant was convicted. See 18 U.S.C. § 2113(a).

Although coercion and at least implied threats are necessarily involved in the bank robbery offense, express threats of death are not. Of course, if defendant intended that the death threat was to be made, he would then be responsible for it under subsection (A). The evidence of defendant’s express intent in this regard, however, was at best equivocal. According to Keddington’s testimony, defendant did discuss the need to make threats, but only generally: “[Defendant] talked about going in and going into the bank, scaring somebody and getting a lot of money,” III R. 53; “[defendant] would go up, possibly grab the — somebody like the[*1009] manager, scare everybody,” id. at 55. Witness David Martin Allsop also testified as follows:

A. ... And [defendant] just told me he needed to leave the state just in case, but he had Paul [Keddington] go in the bank while he stood outside.
Q. Did he tell you what he had Paul do inside the bank?
A. Told the teller to get him the money because his friend [defendant] at the door had a gun.

IV R. 31. This evidence is insufficient to prove by a preponderance that defendant intended Keddington to make a death threat to the teller. Consequently, defendant’s liability for the threat cannot attach through subsection (A).

Subsection (B) of U.S.S.G. § lB1.3(a)(l), however, provides that “in the case of a jointly undertaken criminal activity (a criminal plan, scheme, endeavor, or enterprise undertaken by the defendant in concert with others, whether or not charged as a conspiracy), all reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken activity” are imputed to the defendant for sentencing purposes. Kedding-ton’s threat was clearly in furtherance of the bank robbery, in that it impressed upon the teller the seriousness of the situation and presumably hastened her compliance. It was also reasonably foreseeable on defendant’s part. The commentary to § 1B1.3 gives the following example:

For example, two defendants agree to commit a robbery and, during the course of that robbery, the first defendant assaults and injures a victim. The second defendant is accountable for the assault and injury to the victim (even if the second defendant had not agreed to the assault and had cautioned the first defendant to be careful not to hurt anyone) because the assaultive conduct was in furtherance of the jointly undertaken criminal activity (the robbery) and was reasonably foreseeable in connection with that criminal activity (given the nature of the offense).

Id. comment, (n. 2); [3] see also id. comment, (n. 2) (illustration (b)(1)) (assault and injury to bank teller during robbery foreseeable to getaway driver).

We conclude that Keddington’s threat to the teller was reasonably foreseeable to defendant, and that the two-level enhancement for an express threat of death was appropriate under U.S.S.G. § lB1.3(a)(l)(B).

AFFIRMED.

1

. Defendant also argues that the statements were inadmissible hearsay. However, under Fed. R.Evid. 801(d)(2)(A), a statement of a party-opponent offered against the party is exempted from the definition of hearsay.

2

. Although Triplett construed the substantive aider and abettor statute, 18 U.S.C. § 2(a), we hold the same principles are applicable to aider and abettor liability under § IB 1.3.

3

. The language of § IB 1.3(a) and the commentary under which defendant was sentenced was somewhat different from the language quoted above. The amendment effective November 1, 1992, however, did not substantively alter the guideline, but merely "clarifies and more fully illustrates the operation of this guideline.” U.S.S.G.App. C, amend. 439, at 264. Because the change in the guideline has no negative effect on defendant, its retroactive application presents no ex post facto problems. United States v. Mondaine, 956 F.2d 939, 942 (10th Cir.1992). As for the commentary, amendments of this nature are binding on the courts. Stinson v. United States, - U.S. -, -, 113 S.Ct. 1913, 1919, 123 L.Ed.2d 598 (1993).