The defendant here fails to make even the thresh- hold showing that the government's bid evidence presents any of Page 3 the dangers identified in the rule, let alone reach the ultimate balancing test. The government's bid evidence does not pose any dangers under Rule 403. While the defendant does not dispute the relevance of the government's extensive bid evidence, he essentially claims that use of that evidence against him would be cumulative, would mislead the jury, waste time and result in undue delay under Rule 403. Motion at 2, 5. There is simply no basis for these claims.
Cumulative evidence is defined as evidence that repli- cates other admitted evidence.
There is no such replication among these bids. Each rigged bid constitutes an important and significant act in furtherance of the charged conspiracies. As a whole, they demonstrate the full scope, duration and nature of the defendant's bid-rigging and mail fraud activities. For these same reasons, introduction of this evidence in no way constitutes a waste of time. Neither will presentation of this evidence mislead the jury or result in undue delay.