MORRIS SHEPPARD ARNOLD, Circuit Judge, dissenting, joined by McMILLIAN, WOLLMAN, and BEAM, Circuit Judges.
Because this case seems to me to involve "a question of exceptional importance," see Fed. R. App. P. 35(a)(2), I dissent from the order denying the suggestion for rehearing en banc.
Fed. R. Evid. 413 runs counter to a centuries-old legal tradition that views propensity evidence with a particularly skeptical eye. The common law, of course...
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