Garcia

MEMORANDUM *

We affirm Garcia’s jury trial conviction, and remand his sentence to the district court under the procedure set forth in United States v. Ameline.

The district court did not abuse its discretion 2 in allowing in the “other bad act” evidence under Federal Rule of Evidence 404(b). The evidence of physical abuse was properly admitted under United States v. Tsinnijinnie 3 to show why the girls did not report the abuse right away. The uncharged acts of sexual abuse of the girls were also properly admitted because they tended to show opportunity, intent, knowledge, and absence of mistake or accident. The district court did not abuse its discretion in performing Federal Rule of *596 Evidence 403 balancing. A limited number of incidents came into evidence for each of the three victims. Since the credibility of each victim mattered, the number of incidents extraneous to the crimes charged have to be considered for each one, rather than cumulatively.

Because the district court properly admitted the “other bad acts” evidence under Rule 404(b), we need not address Garcia’s burden of proof argument with respect to admitting evidence of child molestation under Rule 414.

The…