Here is the Ninth Circuit's opinion in U.S. v. Douglas DeCinces. Absolutely no surprise that the district court's exclusion of 404(b) evidence was overturned. Like, duh. Here is the real lesson. There is no such thing as a tentative ruling. You exclude the evidence or you don't. All evidentiary calls are tentative in nature until the parties close. If you sense a favorable ruling but don't want the government to get an interlocutory appeal, ask the judge to carry the motion with the trial. Ask the judge to allow you to approach the bench and argue admissibility. Ask for anything but an actual pre-trial ruling, because, nine times out of ten, you are going to frigging lose on interlocutory appeal. I wouldn't even call this inside baseball. More like Pee-Wee Leagues.

(wisenberg)