Fourstar

MEMORANDUM **

Victor Fourstar was convicted of aggravated sexual abuse in violation of 18 U.S.C. §§ 1153 (a) and 2241(a). Fourstar raises several challenges in connection with his conviction. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We affirm.

The government concedes that the district court erred when it treated certain out-of-court statements which the complainant made to her sister as admissible prior consistent statements pursuant to Fed.R.Evid. 801(d)(1)(B). A prior consistent statement may be only admitted if it was made prior to the alleged motivation to fabricate. Tome v. United States, 513 U.S. 150, 167 , 115 S.Ct. 696 , 130 L.Ed.2d 574 (1995). There must also be an express or implied charge of recent fabrication or improper influence or motive of the declarant’s testimony before the proponent offers a prior consistent statement. United States v. Collicott, 92 F.3d 973, 979 (9th Cir.1996). The complainant’s statements were made at a time during which she allegedly had a motive to fabricate her testimony because she feared her parents’ reaction to the fact that she had slept with Fourstar. Moreover, the…