U.S. v. JEMAL

No. 93-5172.

26 F.3d 1267 (1994)

UNITED STATES of America, Appellee, v. David JEMAL, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 21, 1994.

Sur Petition for Rehearing July 25, 1994.


Attorney(s) appearing for the Case

Richard E. Mischel (argued), New York City, for appellant.

Michael Chertoff, U.S. Atty., Edna B. Axelrod (argued), John J. Farmer, Jr., Asst. U.S. Attys., Office of the U.S. Atty., Newark, NJ, for appellee.

Before: BECKER and LEWIS, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal from a judgment in a criminal case presents an important question under Federal Rule of Evidence 404(b): whether a defendant may, by offering a comprehensive and unreserved stipulation that he possessed the knowledge, intent, motive, opportunity, or other fact sought to be established by Rule 404(b) evidence, prevent the government from putting on evidence of the defendant's prior bad acts. This question...

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