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

MultiRegion, United States of America

The following excerpt is from U.S. v. Montgomery, 150 F.3d 983 (9th Cir. 1998):

We have adopted a four-part test to determine the admissibility of evidence under Rule 404(b). See United States v. Basinger, 60 F.3d 1400, 1407-08 (9th Cir.1995). First, the evidence of other crimes must tend to prove a material issue in the case. Second, the other crime must be similar to the offense charged. Third, proof of the other crime must be based on sufficient evidence. Fourth, commission of the other crime must not be too remote in time. See id. In addition to satisfying the four-part test, evidence of other crimes must also satisfy the Rule 403 balancing test--its probative

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