United States v. Not Afraid

MEMORANDUM **

Edward Not Afraid appeals his conviction for two counts of knowingly engaging in sexual acts with a minor within the boundaries of the Crow Indian Reservation in violation of 18 U.S.C. §§ 1153 and 2241(c). We affirm.

I

The district court acted well within its discretion in refusing to admit the prior report of abuse by ETH because it is not clear that she actually said that sexual (rather than physical) abuse occurred and the allegations in the report were never found to be false. The report was not admissible under Fed.R.Evid. 608(b), and its prejudicial effect outweighs whatever limited probative value it might have had. Fed.R.Evid. 403.

II

Not Afraid’s argument that his motion for acquittal should have been granted fails for lack of plain error. United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1200 *403 (9th Cir.2000) (standard of review when motion is not renewed at close of evidence). ETH and DWA both testified and the jury was entitled to consider their age and inexperience along with all the other evidence (including expert testimony) in evaluating inconsistencies and determining whether their testimony was credible.

III

Neither the government’s voir…