United States v. Lordes Valenzuela

Good Law
967 F.2d 596·1992 WL 132907
United States Court of Appeals for the Ninth CircuitJune 15, 199291-10391California506 words

Opinion

Opinion

967 F.2d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lordes VALENZUELA, Defendant/Appellant. No. 91-10391. United States Court of Appeals, Ninth Circuit. Submitted June 12, 1992. * Decided June 15, 1992. Before JAMES R. BROWNING, ALDISERT ** and PREGERSON, Circuit Judges. 1 MEMORANDUM *** 2 The appellant, Lordes Valenzuela, appeals his conviction of abusive sexual contact, aggravated sexual abuse and assault by striking, beating or wounding. He argues on appeal (1) that the district court abused its discretion in barring testimony regarding a previous sexual molestation of the victim, (2) that the court erred in failing to give a jury instruction on consent and (3) that the evidence did not support his conviction for aggravated sexual abuse. We reject each of these contentions and affirm the judgment of the district court. 3 First, we conclude that the district court properly excluded the evidence of the victim's…

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