United States v. Clement King

MEMORANDUM

Clement King challenges his convictions for sexual abuse of a minor and attempted receipt of child pornography. He also challenges his sentence as procedurally and substantively unreasonable.

The district court did not abuse its discretion in admitting the parties’ stipulation that King had previously been adjudicated a juvenile delinquent for sexual abuse of a minor. The district court applied the factors of United States v. LeMay, 260 F.3d 1018 (9th Cir.2001), and properly concluded that the probative value of the stipulation was not substantially outweighed by the prejudicial effect. The juvenile and adult offenses were similar and close in time, and the evidence was necessary to rebut King’s argument to the jury on each count that he had not committed the offense. See id. at 1028-29 .

The Federal Juvenile Delinquency Act provision that “records shall be safeguarded from disclosure to unauthorized persons,” 18 U.S.C. § 5038 (a), does not apply. A statutory exception directs that “records shall be released to the extent necessary to meet the following circumstances: (1) inquiries from another court of law.” § 5038(a)(1). King also contends that after Roper v.…