United States v. Rogers

*818WOOD, Circuit Judge.

In 1994, Congress altered the longstanding ban on propensity evidence in criminal trials so that, in trials for sexual assault, similar conduct is admissible “for its bearing on any matter to which it is relevant.” Fed.R.Evid. 413. This appeal asks how this modification affects a district court’s analysis under Fed.R.Evid. 403, the catchall provision excluding evidence that is relevant under Rule 401 but unduly prejudicial.

The government wants to use Rule 413 evidence against Stephen Rogers in his trial for attempting to entice a minor to engage in sexual activity and for…