United States v. Crowder, Rochelle A.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge TATEL, in which Chief Judge EDWARDS and Circuit Judges WALD and SILBERMAN join.

Dissenting opinion filed by Circuit Judge SILBERMAN.

RANDOLPH, Circuit Judge:

The principal question in these cases is whether a criminal defendant may, over the government’s objection, offer to concede an element of an offense (such as knowledge or intent) and thereby (1) preclude the government from introducing evidence under Rule 404(b), Fed. R. Evid., to prove that element, and (2) obtain an instruction that the jury…