ELKINS

v.

UNITED STATES

Citator

Cited By (24 total)

• United States v. Calderon, 127 F.3d 1314 (11th Cir. 1997)
  ….” ‘“Plain error’ is found where there is a particularly egregious error that seriously affects the fairness, integrity or public reputation of the judicial proceedings.” See United States v. Elkins, 885 F. 2d 775, 784 (11th Cir.1989), cert. denied, 494 U.S. 1005, 110 S.Ct. 1300, 108 L.Ed.2d 477 (1990). We have already determined that, at a later point in the trial, the district judge committed no’ error in admitting evidence of Iglesias’ drug-related kidnaping as Rule 404(b) evidence. Thus, the jury woul…
• United States v. Frank Church, 955 F.2d 688 (11th Cir. 1992)
  …ormed intent.” We also recognize Rule 403’s strong presumption in favor of admissibility and the deference this court must give to the discretion of the district court. See United States v. Elkins, 885 F. 2d 775, 784 (11th Cir.1989), cert. denied, 494 U.S. 1005, 110 S.Ct. 1300, 108 L.Ed.2d 477 (1990). We nevertheless find that the district court abused its discretion in admitting this evidence, the probative value of which was substantially outweighed by the danger of unfair prejudice. B. Harmless Error…
• United States v. Ross, 131 F.3d 970 (11th Cir. 1997)
  …hat Ross and Adams were guilty of conspiracy. “This Court cannot affirm a criminal conviction based on a theory not contained in the indictment or not presented to the jury.” United States v. Elkins, 885 F. 2d 775, 782 (11th Cir.1989), cert. denied, 494 U.S. 1005, 110 S.Ct. 1300, 108 L.Ed.2d 477 (1990) (citation omitted). Count I alleged a conspiracy among Ross, Adams, Jordan, Dunston, and others to commit the substantive offenses of mail fraud, wire fraud, interstate transportation of property taken by fr…