Graybael

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 26 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-3937 D.C. No. Plaintiff - Appellee, 3:23-cr-00199-IM-1 v.

MEMORANDUM*

MARION BRENT GRAYBAEL,

Defendant - Appellant.

Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding

Argued and Submitted February 5, 2025 Portland, Oregon

Before: BEA, KOH, and SUNG, Circuit Judges.

Marion Brent Graybael appeals his conviction, following a jury trial, for a

single count of assault resulting in serious bodily injury under 18 U.S.C.

§§ 113(a)(6), 1153. On appeal, Graybael argues that the district court abused its

discretion when it (1) admitted testimonial and photographic evidence of two prior

uncharged assaults Graybael committed against his girlfriend, the victim in the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. charged assault; and (2) admitted expert testimony on domestic violence. As…