Can evidence be considered other crimes evidence under Rule 404(b)?
MultiRegion, United States of America
The following excerpt is from U.S. v. Buck, 133 F.3d 929 (9th Cir. 1997):
Whether evidence is other crimes evidence within the meaning of Rule 404(b) is a question of law we review de novo. United States v. Soliman, 813 F.2d 277, 278 (9th Cir.1987). Evidence is not other crimes evidence subject to Rule 404(b) when "the evidence concerning the ['other'] act and the evidence concerning the crime charged are inextricably intertwined." Id. at 279 (citation omitted).
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