Deputee

MEMORANDUM **

Wayne Deputee appeals from his conviction of sexual abuse of a person who had not attained the age of 12 years at the time of the offense and his mandatory 30-year sentence. We affirm his conviction and sentence.

The district court did not abuse its discretion in allowing the FBI agent to testify that he intended to give Deputee a polygraph test. Although polygraph evidence is disfavored, “polygraph evidence which is an operative fact may be admissible.” United States v. Bowen, 857 F.2d 1337, 1341 (9th Cir.1988). The district court only allowed Agent Smiedala to testify that he had intended to give Deputee a polygraph examination after Deputee’s counsel, on cross-examination of Smiedala, sought to raise negative inferences from Agent Smiedala’s vague explanations for why his interview with Deputee took an hour and a half.

*229 The district court did not abuse its discretion in allowing Deputee’s daughter to testify that he inappropriately touched her when she was between six and eight years old. In United States v. LeMay, 260 F.3d 1018, 1022 (9th Cir.2001), this court held that where a defendant is accused of child molestation, evidence that the defendant…