Carey

MEMORANDUM **

The United States brings this interlocutory appeal from an adverse decision by the Hon. James A. Redden (D.Oregon) excluding evidence that defendant Truk Vincent Carey (“Carey”) possessed various “burglary tools.” Carey’s possession of the alleged burglary tools was to be offered as evidence at Carey’s trial for being a felon in possession of a firearm. The district court granted Carey’s motion in limine to exclude the introduction of this evidence. The district court issued its ruling in a minute order that reads in its entirely as follows:

The district court’s order does not provide the basis for its ruling. The Vizcarra-Martinez case cited in the district court’s order discusses the requirements for the admissibility of evidence that is “inextricably intertwined” with the underlying offense. 66 F.3d at 1012-13 . The Blackstone case cited by the district court does not undertake an “inextricably intertwined” analysis, but does discuss the ad *433 mission of evidence under Fed.R.Evid. 404(b) and 403. 56 F.3d at 1145-47 .

On this record, we cannot determine if the district court considered whether the evidence was “inextricably intertwined” with the discovery of…