United States v. Delbert George Lee

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Delbert George LEE, Defendant-Appellant. No. 91-10252. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1992. Decided June 19, 1992. Before BOOCHEVER, REINHARDT and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Delbert George Lee appeals his jury conviction and sentence under the Sentencing Guidelines for aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 , 2241(a)(1) and 2245(2)(A). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. DISCUSSION 3 I. Admission of expert testimony from forensic serologist 4 Lee argues that the district court committed reversible error in allowing the government's forensic serologist, Benita Harwood, to testify that intercourse could have occurred without subsequent detection of semen. A trial court's decision to admit expert testimony is reviewed for an "abuse of discretion or…