United States v. Richard S. Gerisch

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Richard S. GERISCH, Defendant-Appellee. No. 91-10620. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1992. Decided March 10, 1993. Appeal from the United States District Court for the Eastern District of California, No. CR-91-00185-LKK; Lawrence K. Karlton, District Judge, Presiding. E.D.Cal. AFFIRMED. Before JAMES R. BROWNING, DAVID R. THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 The government appeals an order granting a new trial. Our deferential standard of review for trial court rulings on motions for new trial leads us to affirm. 3 I. Facts. 4 Gerisch was convicted of sexual contact with a minor, in violation of 18 U.S.C. § 2244 (a)(3). On an airplane trip, he sat next to a girl who was thirteen, but told him she was sixteen. The statute provides for an affirmative defense, if the defendant "reasonably believed…