What is the test for admitting evidence of other crimes pursuant to Rule of Evidence 404(b)?

MultiRegion, United States of America

The following excerpt is from U.S. v. Aldana, 29 F.3d 634 (9th Cir. 1994):

We review the admission of evidence of other crimes pursuant to Federal Rule of Evidence 404(b) and the district court's balancing the probative value of the evidence against is prejudicial effect under Federal Rule of Evidence 403 for an abuse of discretion. United States v. Kahn, 993 F.2d 1368, 1376 (9th Cir.1993). Evidence is admissible under Rule 404(b) if: (1) the evidence tends to prove a material point; (2) the prior act is not too remote in time; (3) the evidence is sufficient to support a finding that defendant committed the other act; and (4) in cases where knowledge and intent are at issue, the act is similar to the offense charged. United States v. Mayans, No. 92-50530, slip op. 1603, 1621 (9th Cir. Feb. 9, 1994).

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