United States v. Lorenzo Garcia

Lorenzo Garcia appeals his jury conviction for aggravated sexual abuse of a child. He requests that his conviction be vacated and his ease remanded for a new trial, arguing (1) that the district court violated his Sixth Amendment right to confrontation by allowing the minor victim to testify at trial via two-way closed circuit television, and (2) that the district court erroneously refused to instruct the jury regarding abusive sexual contact as a lesser-included offense of aggravated sexual abuse. We find these arguments without merit and we affirm.

I. PROCEDURAL BACKGROUND

Defendant Lorenzo Garcia was indicted on four counts of aggravated sexual abuse of a child in violation of 18 U.S.C. §§ 2241 (c) and 1153. Prior to trial, the government made a motion to allow Jane Doe, the minor victim named in the indictment, to testify via two-way closed circuit television pursuant to 18 U.S.C. § 3509 (b)(1). After several hearings, the trial court granted the government’s motion. The victim testified at trial via closed circuit television and the jury convicted Garcia of all four counts of aggravated sexual abuse. Garcia made a motion for a new trial, which the district court denied.…