United States v. Gaylon Thiefault

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gaylon THIEFAULT, Defendant-Appellant. No. 92-30156. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1993. Decided May 7, 1993. Before WRIGHT, ALARCON and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Gaylon Thiefault was charged with raping Gail Julius and Andrea Smith in violation of 18 U.S.C. §§ 1153 (a) and 2241(a) (1988). A jury convicted him of the Smith rape but acquitted him on the Julius count. He argues that the district court erred by (1) admitting evidence of a prior conviction, (2) denying his motion to sever, (3) excluding reputation testimony and (4) admitting evidence of Smith's daughter's changed behavior. 3 We find that admission of evidence of his prior conviction for attempted robbery was not harmless error, and we reverse. Because we find reversible error, we need not consider his severance argument. For judicial…