US v. George Ofori

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00515-TSE-1 Copies to all parties and the district court/agency. [998483698] [10-4464]

US v. George Ofori

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Case: 10-4464 Document: 30

Date Filed: 12/13/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4464 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GEORGE KWABENA Albert Ofori, OFORI, a/k/a Stefan Lloyd Morally, a/k/a

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:09-cr-00515-TSE-1) Submitted: November 29, 2010 Decided: December 13, 2010

Before DAVIS, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Benjamin Kent, LAW OFFICES OF BENJAMIN KENT, Centreville, Virginia, for Appellant. Neil H. MacBride, United States Attorney, Michael W. Gaches, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: George Kwabena Ofori appeals the judgment of

conviction entered after he was found guilty of one count of falsely claiming to be a United States citizen, in violation of 18 U.S.C. § 911 (2006), and one count of social security fraud, in violation of 42 U.S.C. § 408(a)(7)(B) (2006). He claims the

district court erred by admitting evidence of prior bad acts. Finding no error, we affirm. Review admissibility of of a district under court's Fed. R. determination Evid. 404(b) of is the for

evidence

abuse of discretion. 995 (4th Cir. 1997).

See United States v. Queen, 132 F.3d 991, In general, any evidence which tends to

make the existence of a fact of consequence to an issue in the case "more probable or less probable" than without the evidence is relevant under Fed. R. Evid. 401 and therefore generally

admissible under Fed. R. Evid. 402.

Evidence of other crimes is

not admissible to prove bad character or criminal propensity. Rule 404(b). "motive, Such evidence is admissible, however, to prove intent, preparation, plan, knowledge,

opportunity,

identity, or absence of mistake or accident[.]" 132 F.3d at 994.

Id.; see Queen,

Rule 404(b) is an inclusive rule, allowing

evidence of other crimes or acts except that which tends to prove only criminal disposition. See Queen, 132 F.3d at 994-95.

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Evidence of prior acts is admissible under Rule 404(b) and Fed. R. Evid. 403 if the evidence is (1) relevant to an issue other than the general character of the defendant,

(2) necessary, and (3) reliable, and (4) if the probative value of the evidence is not substantially outweighed by its

prejudicial effect. instruction prior acts of

Queen, 132 F.3d at 997. the purpose of for the

A limiting jury evidence to of

explaining and

admitting intent

advance acts

notice

introduce to

evidence

prior See id.

provide

additional

protection

defendants.

We conclude that the evidence was relevant and that the district court did not abuse its discretion in finding that the probative value of the evidence was not substantially

outweighed by the danger of unfair prejudice. affirm. legal before

Accordingly, we

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. AFFIRMED

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