The following excerpt is from U.S. v. Condie, 974 F.2d 1343 (9th Cir. 1992):
Evidence of prior bad acts is admissible under Rule 404(b) if: (1) there is sufficient evidence to allow the jury to conclude that the defendant committed the prior act; (2) the act was not too remote in time from the commission of the charged offense; (3) the act is similar to the charged offense; (4) the act is introduced to prove a material element of the charged offense; and (5) the act's probative value is not outweighed by its potential prejudice. United States v. Miller, 874 F.2d 1255, 1268 (9th Cir.1989). There is no dispute that the first three prongs of this test were met. We conclude that the last two prongs were also satisfied.
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