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1Federal Rule of Evidence 104(b). It provides: 'When the relevancy of evidence depends upon the fulfillment of a condition of fact, the Court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.'
As Weinstein commented, '[t]hese issues are, for the most part, simple factual questions to be decided on the basis of common sense, and the Rules [of Evidence] assume that the jury is as competent to decide them as the judge.' 1 WEINSTEIN'S FEDERAL EVIDENCE § 104.30, at 104-63 (2d ed. 1998). 'The judge must determine only that a reasonable jury could make the requisite factual determination based on the evidence before it.' Id. at 104-65, n. 3. See, e.g., United States v. Gil, 58 F.3d 1414, 1420 (9th Cir.1995) ('[t]he court merely needs to decide that there is a substantial enough showing to present the issue to the jury for them to perform [the] weighing function' of whether the showing is strong or weak) (internal quotation marks omitted); United States v. Beechum, 582 F.2d 898, 913 (5th Cir.1978) (en banc) ('the preliminary fact can be decided by the judge against ...
