United States v. Jose Perez

MEMORANDUM

Jose Jesus Perez appeals his conviction on three counts of deprivation of rights under color of law in violation of 18 U.S.C. § 242 . We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

All of the charges were based on sexual encounters Perez had with two women while he was serving as a San Bernardino police officer. We review the district court’s evidentiary rulings for an abuse of discretion. See United States v. Hayat, 710 F.3d 875, 893 (9th Cir. 2013).

1. Perez contends that the district court’s grant of the government’s motions in limine, which precluded the introduction of evidence of one of the victim’s prior relationships with two other San Bernardi-no police officers, deprived him of his right to due process and a fair trial.

In cases involving alleged sexual misconduct, Federal Rule of Evidence 412 excludes “evidence offered to prove that a victim engaged in other sexual behavior” or “evidence offered to prove a victim’s sexual predisposition.” Fed. R. Evid. 412(a)(l)-(2). The purpose of the rule is to “safeguard the alleged victim against the invasion of privacy, potential embarrassment and sexual stereotyping that is associated with public…