People of the Territory of Guam v. Juan Mafnas Atoigue

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. Juan Mafnas ATOIGUE, Defendant-Appellant. No. 92-10589. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1994. Decided Sept. 2, 1994. Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges. MEMORANDUM d 1 Juan Mafnas Atoigue (Atoigue) appeals his jury conviction for seven counts of first degree criminal sexual conduct in violation of 9 Guam Code Ann. Sec. 25.15(a)(1), and one count of second degree criminal sexual conduct in violation of 9 Guam Code Ann. Sec. 25.20(a)(1). We affirm. I. APPLICABLE LAW 2 Where Guam law is unclear, we find California law persuasive. Guam v. Ojeda, 758 F.2d 403, 406 (9th Cir.1985). In addition, because the Guam Code of Evidence is identical to the Federal Rules of Evidence, we rely on interpretations of the Federal Rules, or their applicable counterparts in the California Rules of Evidence, when…