United States v. Patrick Laverdure, Jr.

MEMORANDUM

Defendant Patrick Laverdure, Jr., was convicted following a jury trial of three counts of sexual abuse under 18 U.S.C. § 1153 (offenses committed within Indian country), including the following: aggravated sexual abuse of a person under 12 years of age under 18 U.S.C. § 2241 (c) (Count I); sexual abuse of a person incapable of appraising the nature of the con duct under § 2242(2)(A) (Count II); and abusive sexual contact with a person under 12 years of age under § 2244(a)(1), (c) (Count III). On appeal, he challenges the admission of other-acts evidence, the district court’s prohibition of any testimony related to a polygraph examination, the sufficiency of the evidence supporting Count III, and his sentence. The government concedes that Laverdure’s conviction on Count II was not supported by substantial evidence. We have jurisdiction under 28 U.S.C. § 1291 .

1. Because we have previously held that Federal Rules of Evidence 413 and 414 are constitutional and do not violate a defendant’s due process rights, equal protection rights, or the right to a fair trial and the presumption of innocence, United States v. LeMay, 260 F.3d 1018, 1027-28, 1030-31 (9th Cir.2001), we…