United States v. Orange Jell Beechum

TJOFLAT, Circuit Judge:

This case comes before the court en banc for reconsideration of this circuit’s doctrine on the admissibility of offenses extrinsic to a defendant’s indictment to prove his criminal intent.1 That doctrine, *903deriving in part from the case of United States v. Broadway, 477 F.2d 991 (5th Cir. 1973), requires that the essential physical elements of the extrinsic offense include those of the offense charged and that each of these elements be proved by plain, clear, and convincing evidence. We are here called upon to determine the effect of the recently enacted Federal Rules of…