SocialSecurity Securities Immigration
Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some articulable inference for the jury to draw to a material element of the charged offense
QUESTION PRESENTED Federal Rule of Evidence 404(b) subsection 1 prohibits the use of evidence of any other crime, wrong, or act to prove a person’s character in order to show that on particular occasion the person acted in accordance with the character. Subsection 2 allows for the admission of this evidence for another purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. The question presented is: Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some articulable inference for the jury to draw to a material element of the charged offense. ii