Can the notebooks used as evidence under Section 404(b) of the Criminal Code be taken as evidence in a criminal case?

Even if the notebooks were to be taken as 404(b) material, however, they would still be admissible. 404(b) allows the introduction of other crimes evidence to prove plan, motive, intent, preparation, and lack of mistake, as long as an adequate foundation is laid for their admission. United States v. Ballieaux, 685 F.2d 1105, 1110 (9th Cir.1982). In establishing such a foundation, it must be shown that (1) there is clear and convincing evidence of the other crime, (2) that the other crime is not too remote in time, (3) that the other crime is similar to the one charged, and (4) that the other crime evidence was introduced to prove a material element of the charged offense. Id. Even though the trial court made no explicit foundational findings, the admission

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