United States v. Johnson

MEMORANDUM **

Leon Don Johnson appeals his conviction after a jury trial on various charges arising out of his molestation of his stepdaughter, D.J. See 18 U.S.C. §§ 2241-2243 . We affirm.

(1) Johnson complains that a good deal of evidence of sexual and other acts not specifically charged in the indictment (mostly directed at D.J.) was admitted against him. The evidence was not properly objected to at trial, 1 so we review for *625 plain error. See United States v. Crawford, 239 F.3d 1086, 1090 (9th Cir.2001), cert. denied, — U.S. —, 122 S.Ct. 393 , 151 L.Ed.2d 298 (2001); Guam v. Gill, 61 F.3d 688, 693 (9th Cir.1995); see also United States v. Bahe, 201 F.3d 1124, 1127 (9th Cir.2000), cert. denied, 531 U.S. 1027 , 121 S.Ct. 601 , 148 L.Ed.2d 514 (2000). Johnson’s attack depends on his claim that the evidence in question was other bad act evidence, which could be admitted only-under Fed.R.Evid. 404(b) or Fed.R.Evid. 414-415, if at all. We do not agree.

Much of the evidence of Johnson’s nine year molestation of D.J., several times a week starting when she was five years old, was surely intertwined with and necessary to explain D.J.’s testimony regarding what amounted to a…