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United States v. Beechum | 582 F.2d 898 (1978)

Generally, extrinsic evidence is inadmissible to establish criminal disposition. However, extrinsic evidence may be admissible for another purpose, such as establishing a defendant’s unlawful intent. In United States versus Beechum, the Fifth Circuit relied on this exception to seal a postal worker’s conviction for stealing mail.

Orange Beechum was a United States mail carrier. Because Beechum had been suspected of tampering with mail, postal inspectors planted a letter containing a silver dollar on Beechum’s mail route. Upon returning to the postal station, Beechum was apprehended and found to have the silver dollar. The arresting inspector also found two credit cards in Beechum’s wallet that didn’t belong to him.

Beechum was indicted for unlawful possession of the silver dollar. The primary issue at trial was whether Beechum had the requisite intent to unlawfully possess the silver dollar. Beechum testified that the silver dollar had fallen out of the mailbox, and he’d planned to turn it in to his supervisor. However, conflicting evidence was presented as to whether Beechum saw his supervisor and had an opportunity to turn over the silver dollar.

Over Beechum’s objection, the prosecution introduced the evidence of the credit cards, including the fact that the cards had been mailed ten months earlier to addresses on Beechum’s mail route. The trial court instructed the jury to use the credit card evidence only to indicate Beechum’s unlawful intent to possess the silver dollar.

The jury convicted Beechum. Beechum appealed to the Fifth Circuit. The Fifth Circuit reversed, relying on the standard for admission of extrinsic evidence in United States versus Broadway. The Fifth Circuit granted a rehearing en banc to consider the effect of the Federal Rules of Evidence on the Broadway standard.

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