U.S. v. McCOURT

No. 89-50143.

925 F.2d 1229 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Patrick McCOURT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1991.


Attorney(s) appearing for the Case

Fred D. Heather, McKenna, Conner & Cuneo, Los Angeles, Cal., for defendant-appellant.

Maurice A. Leiter, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before NORRIS, HALL and RYMER, Circuit Judges.


RYMER, Circuit Judge:

This appeal requires us to decide whether "bad act" or "other crimes" evidence offered by an accused in a criminal case to show that a third party acted in conformity with the prior act and was therefore likely the guilty party is excludable under Fed.R. Evid. 404(b).

Kevin McCourt appeals his conviction on three counts of filing false claims with the government. 18 U.S.C. § 287. His principal defense was that he was the wrong man...

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