Is Rule 404(b) admissible in the context of evidence of uncharged jackpot cheats?

MultiRegion, United States of America

The following excerpt is from U.S. v. Vaccaro, 816 F.2d 443 (9th Cir. 1987):

As to the evidence of specific uncharged jackpot cheating incidents, admissibility need not hinge on Rule 404(b) because it was admissible as direct evidence of the conspiracy charged in Count XIX. See United States v. Uriarte, 575 F.2d 215, 216-17 (9th Cir.), cert. denied, 439 U.S. 963, 99 S.Ct. 449, 58 L.Ed.2d 421 (1978); United States v. Testa, 548 F.2d 847, 851 (9th Cir.1977). In any event, the evidence was clearly admissible under Rule 404(b) as proof of a plan or scheme or to show modus operandi. As we stated in United States v. Bailleaux, 685 F.2d 1105 (9th Cir.1982):

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