Can prior criminal conduct be admitted to prove knowledge under Rule 404(b)?

MultiRegion, United States of America

The following excerpt is from U.S. v. Garcia-Orozco, 997 F.2d 1302 (9th Cir. 1993):

Evidence of prior criminal conduct may be admitted to prove knowledge under Rule 404(b) if (1) the other act evidence tends to prove a material point; (2) the other act is not too remote in time; (3) the evidence is sufficient to support a finding that the defendant committed the other act; and (4) in some cases, the other act is similar to the offense charged. United States v. Bibo-Rodriguez, 922 F.2d 1398, 1400 (9th Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 2861, 115 L.Ed.2d 1028 (1991). The district court's admission of the evidence is reviewed for an abuse of discretion. Id. at 1401.

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