United States v. Mills

138 F.3d 928 (11th Cir. 1998)

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Nature of the Case

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Facts

Margie (W) was indicted and convicted of two acts of falsification. W took a trip in a First American plane. W filled out and signed two Aetna-mandated passenger manifests to report that she traveled in August 1992 from St. Simons, Georgia to San Antonio and back in connection with First American's acquisition of a home health care provider in Texas. W went to Mobile, Alabama, where the plane stopped en route, to attend her high school reunion. She did not return on the flight back from San Antonio. At trial, the court admitted evidence that in 1993, when she returned from a trip to Europe, she concealed from customs inspectors a purchase of jewelry subject to duty. The court concluded that the evidence was admissible under 404(b) because it showed Margie's 'propensity' to conceal facts and was thus relevant to Margie's intent relating to the current crimes. W seeks reversal of her convictions based on an abuse of discretion related to the 404(b) evidence.