In what circumstances will the government argue that the possession of child abuse stories by Curtin be admissible under Rule 404(b)?

In the alternative, the government contends that the stories are admissible under Rule 404(b) regardless of whether they are inextricably intertwined with the crime. We review a district court's admission of evidence under Rule 404(b) for an abuse of discretion. United States v. Romero, 282 F.3d 683, 688 (9th Cir.2002).

Page 1091

We use a four-part test to determine whether evidence is admissible under Rule 404(b). United States v. Spillone, 879 F.2d 514, 518 (9th Cir.1989). First, "there must be sufficient evidence to support the jury's finding that the defendant committed the other [act]." Id. Second, "the other [act] must not be too remote [in time]." Id. at 519. Third, when admitted to prove intent, "the prior act must be similar." Id. Finally, "the prior act must be introduced in order to prove a material element of the case." Id. The main issue here lies in the third element: whether there is similarity between the possession of the stories and the crime with which Curtin is charged.