United States v. Dennis Sangrey
Opinion
Opinion
Wright, J.
Sangrey appeals his conviction for statutory rape under 18 U.S.C. §§ 1153 , 2032. He alleges that rebuttal testimony that he raped another girl before committing the offense with which he is charged here was improperly admitted. Counsel for defendant conceded at oral argument that two other assignments of error were disposed of by this court in United States v. Lone Bear, 579 F.2d 522 (9th Cir. 1978). Hence, we deal here only with the admission of evidence question. We affirm.
Sangrey and several other young men attended a beer-drinking party in Parker Canyon (“the corrals”) near the Rocky Boy Indian Reservation. The victim, Joanne Spotted Wolf, and Junia Walking Eagle were also present. The victim alleged that several of the young men, including Sangrey, forcibly had sexual intercourse with her.
Defendant argued in a motion in limine that the court should prohibit the prosecution from introducing evidence that Sangrey had sexually assaulted Junia on the same night that he allegedly raped Joanne Spotted Wolf. The court denied the motion, finding that such evidence would be admissible under Rule 404(b) “to show the motive, the opportunity, and the intent.”