IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10398
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BOBBY JOE ALEXANDER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:96-CR-1-1
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March 12, 1998
Before WISDOM, DUHÉ, and BARKSDALE, Circuit Judges
PER CURIAM:*
Bobby Joe Alexander appeals his conviction by a jury for one
count of possession of counterfeit obligations in violation of 18
U.S.C. § 472 and two counts of possession of counterfeit
securities in violation of 18 U.S.C. § 513(a). He argues that
the district court abused its discretion in admitting extrinsic
evidence of various counterfeit identification documents and
other counterfeit obligations. He contends that this evidence
was not relevant to the charged offenses, and that the probative
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-10398
-2-
value of this evidence, if any, was substantially outweighed by
its prejudicial effect.
The extrinsic evidence was highly probative as to the issue
of Alexander’s intent to commit the charged offenses. See United
States v. Gordon, 780 F.2d 1165, 1173 (5th Cir. 1986). The
evidence also shows that the documents were part of an overall
scheme or plan to defraud using counterfeit documents. See
United States v. Krezdorn, 639 F.2d 1327, 1331 (5th Cir. Unit A
1981). Any undue prejudice was minimized by the district court’s
limiting jury instruction. See United States v. Ponce, 8 F.3d
989, 994 (5th Cir. 1993). Furthermore, in view of the
overwhelming evidence against Alexander, including his
confessions to the police and the Secret Service, any error in
admitting the evidence was harmless. See United States v.
Tomblin, 46 F.3d 1369, 1387-88 (5th Cir. 1995).
The judgement is AFFIRMED.