United States v. Ernesto Antone, Sr.

Ernesto Antone, Sr. (“Antone”) appeals his convictions for sexual abuse of a minor in violation of 18 U.S.C. §§ 1153 and 2243(a) and sexual contact with a minor in violation of 18 U.S.C. §§ 1153 and 2244. Antone argues that the district court’s denial of his motion to compel production of the minor victim’s psychiatric records violated his right to due process and his Sixth Amendment right to confront the witnesses against him. In addition, Antone contends that the district court’s decision to allow a child psychiatrist to testify to general behavioral characteristics exhibited by victims of child sexual abuse constituted error because the psychiatrist’s testimony improperly bolstered the testimony of the minor victim in this case.

The district court exercised jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I. BACKGROUND

Antone was charged in an indictment with five counts of sexual abuse of a minor in violation of 18 U.S.C. §§ 1153 and 2243(a). He was accused of sexually abusing his 14-year-old niece, Darlene, in his home. Antone’s house had been occupied by Darlene’s deceased grandfather and…