United States v. Jefferson Gatewood

MEMORANDUM *

Jefferson Gatewood appeals from his judgment of conviction following a jury trial for 23 counts of aggravated sexual abuse, aggravated sexual abuse of a minor, attempted aggravated sexual abuse of a minor, sexual abuse of a minor, abusive sexual contact with a minor, and kidnap-' ping. Gatewood argues that the district court improperly applied Rule 403 and violated his due process rights in admitting prior acts evidence and that the district court should not have denied his motion to sever. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion a district court’s ruling under Rule 403 that evidence is more probative than prejudicial, United States v. LeMay, 260 F.3d 1018, 1024 (9th Cir.2001), and a district court’s denial of a motion for severance, United States v. Sullivan, 522 F.3d 967, 981 (9th Cir.2008). We affirm.

Under Federal Rule of Evidence 403, the district court may exclude relevant evidence if its probative value is substantially outweighed by unfair prejudice. Fed.R.Evid. 403. In determining whether to admit evidence of a defendant’s prior acts of sexual misconduct under Rule 403, the district court should consider factors…

dissenting:

Even when evidence of a defendant’s prior acts of sexual abuse is otherwise admissible, “[pjotentially devastating evidence of little or no relevance [must] be excluded under Rule 403.” United States v. LeMay, 260 F.3d 1018, 1027 (9th Cir.2001). If this limitation means anything, it means that we must reverse Gatewood’s conviction. The district court admitted a staggering amount of evidence at Gate- *582 wood’s trial — testimony describing at least twenty-three uncharged acts — that had virtually no probative value and ran an overwhelming risk of unfair prejudice.

I.

Gatewood was charged with twenty-three counts of sexual assault and kidnapping, arising out of fifteen separate incidents involving nine victims. Eight of those victims were under the age of sixteen when the abuse began. Two of them were nine years old.

All nine victims of the charged conduct testified at trial. Each described Gate-wood’s actions in excruciating detail, and each corroborated key aspects of the others’ testimony. For example, multiple victims testified that Gatewood allowed troubled girls to spend time at his house, gave them alcohol (without drinking any himself), and touched them…

FILED

NOT FOR PUBLICATION MAY 05 2015

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-10228

Plaintiff - Appellee, D.C. No. 3:11-cr-08074-JAT-

v.

MEMORANDUM*

JEFFERSON GATEWOOD,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona James A. Teilborg, Senior District Judge, Presiding

Argued and Submitted January 13, 2015 San Francisco California

Before: WALLACE, M. SMITH, and FRIEDLAND, Circuit Judges.

Jefferson Gatewood appeals from his judgment of conviction following a

jury trial for 23 counts of aggravated sexual abuse, aggravated sexual abuse of a

minor, attempted aggravated sexual abuse of a minor, sexual abuse of a minor,

abusive sexual contact with a minor, and kidnapping. Gatewood argues that the

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. district court improperly applied Rule 403 and violated his due process rights in

admitting prior acts evidence and that the district…