The following excerpt is from U.S. v. Johnson, 820 F.2d 1065 (9th Cir. 1987):
(1) proof that the defendant committed the other crime must be clear and convincing; (2) the prior criminal conduct must not be too remote in time from the commission of the crime charged; (3) the prior criminal conduct must, in some cases, be similar to the offense charged; and (4) the prior criminal conduct must be introduced to prove an element of the charged offense that is a material issue in the case.
United States v. Bailleaux, 685 F.2d 1105, 1110 (9th Cir.1982) (footnote omitted).
6 Even where evidence of one of the crimes is particularly weak, see, e.g., United States v. Ragghianti, 527 F.2d 586 (9th Cir.1975), we consider principally whether the jury was likely to have been confused. Douglass, 780 F.2d at 1479.
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