United States v. William Davis, Jr.

MEMORANDUM

William Decature Davis, Jr., appeals his jury-trial conviction for abusive sexual contact in violation of 18 U.S.C. § 2244 (a)(5). He argues that the district court erred in denying his motion for judgment of acquittal because the jury’s verdict was inconsistent and thus irrational; that the district court erred in instructing the jury as to both aggravated sexual abuse and abusive sexual contact; and that the district court erred in denying his motion to suppress his confession. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

We review the district court’s formulation of the jury instructions for abuse of discretion, United States v. Rivera-Alonzo, 584 F.3d 829, 832 (9th Cir.2009), and we review de novo the denial of a motion for judgment of acquittal, United States v. Erooks, 610 F.3d 1186, 1196 (9th Cir.2010), the voluntariness of a confession, United States v. Preston, 751 F.3d 1008, 1020 (9th Cir.2014) (en banc), and whether a defendant was denied his constitutional right to counsel, United States v. Ortega, 203 F.3d 675, 679 (9th Cir.2000) (Sixth Amendment right to counsel); United States v. Charley, 396 F.3d 1074, 1079 (9th Cir.2005) (Fifth Amendment…