Basilio Jim Diaz v. United States

Whether Federal Rule of Evidence 404(b) permits the government, in a prosecution for accessing child pornography with intent to view, to introduce evidence of lawful sexual paraphernalia ("anatomical models") and argue that the items show a sexual interest in children and therefore the defendant knowingly accessed the charged material -- where the inference functions as character/propensity proof.

Whether Federal Rule of Evidence 403 requires exclusion of inflammatory "sexual interest" evidence offered as "motive" or "absense of mistake" in a child pornography case when the evidence’s probative value is modest, the risk of moral condemnation is extreme, and limiting instructions cannot realistically prevent jurors from using the evidence as proof of bad character.