United States v. Eileen Eldorado Johnson

JAMES DICKSON PHILLIPS, Circuit Judge:

Convicted by a jury of federal income tax evasion under 26 U.S.C.A. § 7201, Eileen Eldorado Johnson unsuccessfully moved in the district court for a new trial, on the grounds that evidence of her overstated Medicaid billings was improperly admitted and that government counsel’s reference to her “fraudulent” Medicaid forms unduly prejudiced the jury. We affirm, holding that the extrinsic acts evidence was properly admitted under Fed.R.Evid. 404(b) and that no prejudice resulted from the “fraudulent” reference in view of the trial court’s corrective action.

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