Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning

QUESTION PRESENTED Federal Rule of Evidence 404(b) governs the admissibility of prior bad acts. Rule 404(b)(1) prohibits the use of so-called propensity evidence: “Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.” Rule 404(b)(2) then permits the use of such evidence “for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.” In this case, the Eleventh Circuit upheld the admission of Petitioner’s 23-year old prior conviction in his felon-in-possession trial. Applying longstanding circuit precedent, the Eleventh Circuit reasoned that Petitioner’s knowing possession of a firearm in the past made it more likely that he knowingly possessed a firearm in the present case. The question presented is: Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning. i