Jones

MEMORANDUM *

Faron Wade Jones appeals his convictions for abusive sexual contact in violation of 18 U.S.C. §§ 1153 and 2244(a)(2) and attempted sexual abuse in violation of 18 U.S.C. § 2242 (2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Jones also appeals the district court’s refusal to provide written jury instructions. We address that argument in a companion published opinion. Because the facts are familiar to the parties, we do not recite them here.

We conclude that there was sufficient evidence to support Jones’ convictions. 1 “[V]iewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” 2 Sufficient evidence exists in the record, including Jones’ own admissions regarding his activities, to support the findings that Jones’ victim was incapacitated and that Jones was aware of her incapacitation.

The district court permissibly excluded evidence of DNA found on the victim’s neck as cumulative. 4 The probative value of the evidence was “substantially outweighed by ... considerations of undue delay, waste of time, or needless…