The following excerpt is from United States v. Decinces, 808 F.3d 785 (9th Cir. 2015):
3 After the government filed this appeal, the district court provided additional reasons for its ruling. The court may have lacked jurisdiction to do so, see United States v. ValenzuelaArisqueta, 724 F.3d 1290, 1293 n. 3 (9th Cir.2013) (holding that the district court lacked jurisdiction to proceed to trial while an interlocutory appeal was pending), but that is a question that we need not decide. Even if we consider the district court's later explanations, the court erred to the extent that it excluded the evidence on Rule 403 grounds. As discussed below in text, the evidence has strong probative value, and the court did not identify any countervailing consideration sufficient to substantially outweigh the probative value of the evidence.
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