If the government makes a Rule 414 argument in the federal court, what analysis will be required?
MultiRegion, United States of America
The following excerpt is from United States v. McElmurry, 776 F.3d 1061 (9th Cir. 2015):
Since we reverse on 403 error and do not decide on 404 error, the district court will have to analyze the evidence under both rules, with knowledge of what the evidence is. If the government makes a Rule 414 argument in district court, analysis under United States v. LeMay will be required.50
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