UNITED STATES of America, Plaintiff-Appellee, v. Phillip CROSBY, Defendant-Appellant

KOZINSKI, Circuit Judge:

We plumb, once again, the turbid depths of Fed.R.Evid. 403.

I

Phillip Crosby was convicted of assault resulting in serious bodily injury, in violation of 18 U.S.C. § 113(f). 1 There is no dispute that the victim, Dorothy Benton, was seriously injured. Less clear is who caused these injuries, largely because everyone known to be involved was in a drunken stupor at the time.

Crosby and Dorothy lived together on the Navajo reservation near the town of Leupp, Arizona. On the afternoon of February 26, 1994, they and their friend, Donald Dale, drove to the town of Winslow,…