United States v. Gibson Dia, Jr.

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gibson DIA, Jr., Defendant-Appellant. No. 93-10592. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1994. * Decided Oct. 27, 1994. Before: GOODWIN, O'SCANNLAIN, KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Gibson Dia, Jr., appeals his conviction and sentence for aggravated sexual abuse. 18 U.S.C. Secs. 1153 , 2241(a)(1). He argues that the district court abused its discretion in admitting (1) evidence that Dia raped another teenager in 1976 and (2) testimony that the victim made certain statements shortly after the rape. He also argues (3) that the government failed to prove that the instant offense occurred on an Indian Reservation and (4) that the district court erred in sentencing him as a career offender under the United States Sentencing Guidelines. We affirm Dia's conviction but remand for resentencing. I. PRIOR BAD ACT EVIDENCE 3 Dia first…