Case Information
*1 Before TJOFLAT, MARCUS and JILL PRYOR, Circuit Judges.
PER CURIAM:
Brian Sanders appeals his conviction for knowingly possessing a firearm and ammunition after having been convicted of a crime punishable by more than one year in prison, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). On appeal, *2 Sanders argues that the district court abused its discretion by allowing the government to introduce evidence that Sanders had threatened to shoot someone at a hair salon in the hours before he was arrested for possessing a firearm at a nearby car wash. After careful review, we affirm.
We review the district court’s evidentiary rulings for abuse of discretion.
United States v. Fortenberry,
(11th Cir. 2009). This intrinsic evidence is still subject to analysis under Rule 403,
which requires that it be excluded if its probative value is substantially outweighed
by the danger of unfair prejudice. Fortenberry,
if it has any tendency to prove or disprove a fact in issue. Conversely, . . . the court’s discretion to exclude evidence under Rule 403 is narrowly circumscribed. Rule 403 is an extraordinary remedy, which should be used only sparingly since it permits the trial court to exclude concededly probative evidence. The balance under the Rule, therefore, should be struck in favor of admissibility.
United States v. Smith, 459 F.3d 1276, 1295 (11th Cir. 2006) (quotation and
alterations omitted). Evidence of the uncharged criminal conduct may not be
necessary to prove the charged offense, but there is no requirement that the
government proffer only enough evidence to allow the jury to convict, and no
more. Fortenberry,
In this case, Sanders challenges the introduction of evidence from Officer Samuel Holton, a Tallahassee police officer who had responded to a complaint of someone being threatened at a hair salon. Officer Holton testified that he had taken a description of the person accused of making the threats, and while he was writing his report, he heard a call that someone had a firearm at a car wash near the salon. Holton responded to this call and arrived at the car wash where he saw Sanders reach down and either place something or take something from underneath a car. After Sanders was arrested, Holton found a loaded pistol next to the rear panel of the car where Sanders had bent down.
On the record here, we cannot say that the district court abused its discretion
in admitting evidence of the hair salon incident. First, the evidence was intrinsic,
since the events at the salon were inextricably intertwined with the events at the car
wash, and the evidence was necessary to complete the story of the crime for the
jury. See Fortenberry, 971 F.2d at 721. The evidence also had significant
probative value. Officer Holton’s testimony regarding his investigation into the
threats Sanders made at the hair salon helped create a clear narrative for the jury as
to how and why the officer responded to the 911 call at the car wash. See Wright,
*5
In short, the district court did not abuse its discretion by admitting evidence
of the hair salon. Nor, moreover, did it err by failing to give a limiting instruction.
“The failure to give a limiting instruction is error only when such an instruction is
requested.” Smith,
AFFIRMED .
