David Bert Paycer v. United States

Federal Rule of Evidence 414 permits the prosecution in a childmolestation case to introduce “evidence that the defendant committed any other child molestation,” and defines “child molestation” as state or federal predicate crimes involving specified conduct. The question presented is: Whether a defendant against whom Rule 414 evidence is admitted is entitled, upon request, to an instruction directing the jury to consider that evidence only if it first unanimously finds by a preponderance that the defendant committed the predicate crime or crimes.