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Evidence Fall 2022

United States v. DeCicco

The case of United States v. Deciccio is used in your text to illustrate “motive” and “plan” evidence under 404(b).  This excerpt is useful because it shows how 404(b) relates to some concepts you’ve already learned: the deferential standard of review on appeal; the prohibition on propensity evidence; and Rule 403 balancing. [7]

 This case also spells out and applies the Huddleston standard for the threshold showing needed to admit 404(b) evidence under Rule 104(b).