Photograph taken during defendant’s arrest on charge being tried is not excludable as evidence of “other” crimes, wrongs, or acts under Rule 404(B)

EVIDENCE United States v. Condrin, No. 06-2025, ___ F.3d ___ (10th Cir. Jan. 23, 2007)(New Mexico). Appeal of conviction for conspiracy to transport illegal aliens and transporting illegal aliens in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (v)(I). HELD: District court did not err in admitting photograph taken of defendant by Border Patrol on night of arrest. Federal Rule of Evidence 404(b) excludes evidence of “other” crimes, wrongs, or acts, not evidence from crime in question. Photographs taken during defendant’s arrest for case in chief do not improperly expose jury to defendant’s criminal record under 404(b). Even if photograph did suggest an arrest, it arose from defendant’s arrest in this case, not from other crimes or bad acts. Read the opinion here.