Whether Rule 404(b) applies to all 'person[s],' as the Rule explicitly provides, or instead only to a defendant's other bad acts or crimes, and not those of third parties

QUESTION PRESENTED The Third Circuit, deepening a mature circuit split regarding the scope of Federal Rule of Evidence 404(b), and its prohibition against propensity evidence, held that the Rule applies only to evidence of a defendant's other bad acts or crimes, not those of third parties. By contrast, three circuits—the Sixth, Seventh, and Ninth—have held that the Rule applies regardless of who committed the other acts. Besides the Third Circuit in the instant case, five circuits, the First, Second, Fifth, Tenth and Eleventh have held that the Rule does not apply to the prior acts of a third party, but four of those circuits—the Second, Third, Tenth and Eleventh—have issued conflicting decisions depending on whether it is the defendant or the government that is seeking to introduce the evidence regarding the third party, with only defendants having to satisfy the Rule’s requirements. The question presented is whether Rule 404(b) applies to all “person[s],” as the Rule explicitly provides, or instead only to a defendant’s other bad acts or crimes, and not those of third parties. i