Extrinsic vs. Intrinsic Evidence...404(b) & Conspiracy

In a recent case from the Fourth Circuit, the court explained the difference between intrinsic evidence and extrinsic evidence. Click here and here for two previous posts on intrinsic evidence, 404, and res gestae.


The facts of the case were straightforward: defendant was charged with distribution of crack cocaine and conspiracy to distribute. The conspiracy took place from approximately 2008-2017. Defendant was convicted and sentenced to prison for distributing crack cocaine on state charges, and served in prison from 2011-2013. The government wanted to introduce this conviction to show his role in the conspiracy and claimed that this evidence was intrinsic to the alleged crime. However, the defense claimed that this conviction was extrinsic, or that it was "separate" or "unrelated" to the charged offense, and thus the judge should have conducted a 404(b) ruling.


The trial judge, after a thorough examination, held that the evidence was intrinsic of the conspiracy and allowed in the evidence without regards to 404(b). The Fourth Circuit upheld this ruling and explained the difference between intrinsic and extrinsic evidence as it relates to 404(b):


The court then defined in their view the term "intrinsic:"


United States v. Bush, No. 18-4385, 2019 WL 6333695, (4th Cir. Nov. 27, 2019)



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Daniel@everydayevidence.og

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