(concurring).
I am concerned by the frequency with which convictions are influenced in this cir*556cuit by the marginally admissible evidence of the prior bad acts of those charged. The presentation of such evidence is condoned if not encouraged by an almost unbroken line of decisions by this court. United States v. Giorgi, 840 F.2d 1022 (1st Cir.1988); United States v. Reverón-Martinez, 836 F.2d 684 (1st Cir.1988); United States v. Currier, 836 F.2d 11 (1st Cir.1987); United States v. Ingraham, 832 F.2d 229 (1st Cir.1987); United States v. Lau, 828 F.2d 871 (1st Cir.1987); United States v. González-Sánchez, 825 F.2d 572 (1st Cir.1987); United States v. Andiarena, 823 F.2d 673 (1st Cir.1987); United States v. Molinares Charris, 822 F.2d 1213 (1st Cir.1987); United States v. Currier, 821 F.2d 52 (1st Cir.1987); United States v. Bank of New England, 821 F.2d 844 (1st Cir.1987); United States v. Munson, 819 F.2d 337 (1st Cir.1987); United States v. Cintolo, 818 F.2d 980 (1st Cir.1987); United States v. Masse, 816 F.2d 805 (1st Cir.1987); United States v. Moreno Morales, 815 F.2d 725 (1st Cir.1987); United States v. Scelzo, 810 F.2d 2 (1st Cir.1987); United States v. Mazza, 792 F.2d 1210 (1st Cir.1986); United States v. Crocker, 788 F.2d 802 (1st Cir.1986). Because of this trend, the prohibition against the introduction of “[ejvidence of other crimes ... to prove the character of a person in order to show action in conformity therewith,” mandated by Fed.R.Evid. 404(b) as well as due process, Lovely v. United States, 169 F.2d 386, 389 (4th 1948) (“[The rule] arises out of the fundamental demand for justice and fairness which lies at the basis of our jurisprudence.”) has become the exception rather than the rule, a classical case of the tail wagging the dog. Almost any excuse or far-fetched theory is made to fit within that Rule's truly exceptional language, i.e., that such evidence is admissible only as “proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” See Fed.R.Evid. 404(b).
Although after much reflection I have decided to join in the affirmance of this “close” issue in this case, ante at 553, I am of the view that this court should in future cases more strictly scrutinize the proliferation of this alarming, and in most cases, totally unnecessary practice.