Is a district court's decision not to admit evidence within the scope of the Federal Rule of Evidence 404(b) reviewed de novo?

MultiRegion, United States of America

The following excerpt is from U.S. v. Arzate, 961 F.2d 217 (9th Cir. 1992):

A district court's decision whether evidence falls within the scope of the Federal Rule of Evidence 404(b) is a question of law which is reviewed de novo. United States v. Mundi, 892 F.2d 817, 820 (9th Cir.1989), cert. denied, 111 S.Ct. 1072 (1991). A district court's decision to admit evidence is reviewed for abuse of discretion. United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987). Similarly, a district court's decision to limit the scope of cross examination is reviewed for abuse of discretion. United States v. Changa, 901 F.2d 741, 743 (9th Cir.1990). Even where a trial court has abused its discretion, the reviewing court must determine whether the error was harmless beyond a reasonable doubt. Delaware v. Van Arsdall, 475 U.S. 673, 681 (1986).

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