United States v. Garrett Door, Sr.

MEMORANDUM

Garrett Dean Door, Sr., appeals his convictions following a jury trial. At trial, the government offered evidence from seven witnesses, including the victim Jane Doe and M.H., the survivor of a 2009 misdemeanor sexual assault to which Door pled nolo contendere. Door argues that M.H.’s testimony about the 2009 sexual assault should not have been admitted under Federal Rules of Evidence 413 and 403. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

We review de novo both the district court’s interpretation of the Federal Rules of Evidence, United States v. Urena, 659 F.3d 903, 908 (9th Cir. 2011), and whether particular evidence falls within the scope of a given rule. United States v. Garrido, 596 F.3d 613, 616 (9th Cir. 2010). If the challenged evidence falls within the rule’s scope, the district court’s decision to admit the evidence is reviewed for abuse of discretion. Id.; U.S. v. LeMay, 260 F.3d 1018, 1024 (9th Cir. 2001).

Although Door acknowledges that Rule 413 permits evidence of a defendant’s propensity to commit the sexual assault of which he is accused, see United States v. Redlightning, 624 F.3d 1090, 1120 (9th Cir. 2010), he argues that the evidence…