Belone

United States v. Belone

Good Law
80 F. App'x 572
United States Court of Appeals for the Ninth CircuitNovember 3, 2003No. 02-10503California477 words

Opinion

Lead Opinion

MEMORANDUM *

Donovan Ray Belone appeals his conviction for aggravated sexual abuse in violation of 18 U.S.C. §§ 1153 and 2241(c), and sexual abuse of a minor in violation of 18 U.S.C. §§ 1153 and 2243(a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion by excluding the testimony of defense witness Dewayne Wilson as improper impeachment under Federal Rule of Evidence 608(b). 2 See United States v. Ramirez, 176 F.3d 1179, 1182 (9th Cir.1999) (“an evidentiary ruling is reviewed for abuse of discretion”). Rule 608(b) provides that “[s]pecific instances of the conduct of a witness, for the purpose of attacking or supporting the witness’ credibility ... may not be proved by extrinsic evidence.” Fed.R.Evid. 608(b). Prior to trial, Belone assumed that the government’s witnesses would testify that Wilson was himself either a victim or witness of Belone’s abuse. During trial, however, none of Belone’s juvenile victims offered the anticipated testimony about Wilson. Thus, Belone offered Wilson’s testimony “solely for the purpose of attacking the credibility” of the government’s juvenile witnesses; as a result, the proffered…

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