United States v. Patrick Kevin Gibson

Appellant was convicted of the crime of interstate kidnapping. The evidence of guilt, including the testimony of the two victims, appellant’s confession, incriminating objects of physical evidence found in appellant’s possession, together with the testimony of two codefendants given in their cases-in-chief, was overwhelming.

We have reviewed the alleged errors. We are satisfied that no prejudicial error was committed and that but one of the claimed errors warrants comment. There was evidence that the appellant committed some kind of a sexual assault upon the female victim during the period of abduction. It is asserted that this proof of another crime was prejudicial.

We recognize the general rule stated in Fed.R.Evid. 404(b) to the effect that evidence of other crimes is not admissible to show the propensity of the defendant to commit a crime. In our opinion, however, the evidence of sexual assault had relevance for purposes other than proof of character in this case. A kidnapping cognizable by federal law is complete when the victim is transported across the state line, but that does not render evidence of subsequent events irrelevant. The subsequent conduct of a defendant may…