Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed 'intrinsic evidence' and admitted without the admissibility requirements and procedural protections of Rule 404(b) of the Federal Rules of Evidence

Question Presented Over the objection of defense counsel, the government introduced during trial several inappropriate memes that Mr. Alfred had posted on social media. The district court admitted the memes under the theory that they were intrinsic to the charged crime. The district court reasoned that, because the crime involved communicating on social media, and Mr. Alfred had posted the memes on social media, the memes were intrinsic to the charged crime. The question presented is: Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed “intrinsic evidence” and admitted without the admissibility requirements and procedural protections of Rule 404(b) of the Federal Rules of Evidence. ii