[2] To prove that he knew the cassettes were stolen, the government sought to introduce two pieces of relevant "similar acts" evidence.

First, the government called Paul Toney, a record store owner, to testify that Huddleston had offered to sell him some 12" black-and-white television sets for $28 each.

Toney eventually accompanied Huddleston to the Magic Rent-to-Own store on two occasions, and bought a total of 38 televisions.

— Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.

It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

that any preliminary showing is necessary before such evidence may be introduced for a proper purpose" and rejected the petitioners argument that the issue should be governed under the stricter Rule 104(a) preponderance standard.

In response, the American Bar Association has proposed to amend FRE 404 to require that prior offenses be proven by a clear and convincing standard.