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Under Rule 403 of the Federal Rules of Evidence, a district court may exclude evidence, even if relevant, 'if its probative value is substantially outweighed by the danger of unfair prejudice.' A trial court's ruling on admissibility under Rule 403's balancing test will not be overturned on appeal absent a clear abuse of discretion. See, e. g., United States v. Adcock, 651 F.2d 338, at 343 (5th Cir. 1981); Ramos v. Liberty Mutual Insurance Co., 615 F.2d 334 (5th Cir. 1980), cert. denied, 449 U.S. 1112, 101 S. Ct. 921, 66 L. Ed. 2d 840 (1981); Wright v. Hartford Accident & Indemnity Co., 580 F.2d 809 (5th Cir. 1978).


Under Fed.R.Evid. 104, a district court is authorized to conduct the balancing test required by Rule 403 outside the presence of the jury, in deciding the preliminary question of the admissibility of evidence. 'Rule 403 does not permit exclusion of evidence because the judge does not find it credible.' United States v. Thompson, 615 F.2d 329, 333 (5th Cir. 1980). 'Weighing probative value against unfair prejudice under (Rule) 403 means probative value with respect to a material fact if the evidence is believed, not the degree the ...

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