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United States v. Commanche

577 F.3d 1261 (2009)

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United States v. Commanche

United States Court of Appeals for the Tenth Circuit

577 F.3d 1261 (2009)

Facts

Bryan Commanche (defendant) was charged with assault resulting in serious bodily injury after he used a box cutter during a fight. Commanche claimed that he did so in self-defense. At trial, the prosecution (plaintiff) sought to introduce evidence under Federal Rule of Evidence 404(b) (Rule 404(b)) that Commanche was twice previously convicted of aggravated battery with a sharp object. The prosecution argued that the evidence was admissible not to show that Commanche had a propensity for battering people but to show that Commanche carried a box cutter as a weapon as opposed to a tool. The trial court admitted the evidence, and Commanche was convicted. Commanche appealed.

Rule of Law

Issue

Holding and Reasoning (Lucero, J.)

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