The following excerpt is from United States v. Katakis, 252 F.Supp.3d 988 (E.D. Cal. 2017):
In making this determination, the court notes that even absent the obstruction of justice count, it would have admitted evidence regarding Katakis' attempts to delete emails under Federal Rules of Evidence 404(b) and 403 had the obstruction of justice count been dismissed before trial. Evidence of other crimes or wrongs is admissible under Rule 404(b) where 1) a preponderance of the evidence shows that the defendant committed the other act; 2) the conduct is not too remote in time from the charged offense; 3) in certain cases, the other act is similar to crime charged; and 4) the conduct tends to prove an element of the charged offense that is a material issue in the case. United States v. Miller, 874 F.2d 1255, 1268 (9th Cir. 1989).
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