United States v. Thomas Monroe

MEMORANDUM

Thomas Monroe appeals his conviction for assault resulting in serious bodily injury. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. A rational jury could have convicted Monroe solely based on Running Wolfs testimony. Monroe did not testify, and it is the jury’s role to weigh Running Wolfs credibility. See United States v. Nevils, 598 F.3d 1158, 1170 (9th Cir.2010)(this court cannot “second-guess the jury’s credibility assessments”).

2. Running Wolfs statement to her brother that Monroe had kicked her was relevant only to prove that she had been attacked by Monroe. It was not admissible as a prior consistent statement because she made it only after learning that Monroe was seeing other women, which gave rise to her alleged motive to fabricate. See Fed.R.Evid. 801(d)(1)(B); Tome v. United States, 513 U.S. 150, 167 , 115 S.Ct. 696 , 130 L.Ed.2d 574 (1995) (prior consistent statements must be made before the alleged motive to fabricate arose). Even so, admission of the hearsay statement was harmless because it was cumulative to Running Wolfs in-court testimony. See Guam v. Ignacio, 10 F.3d 608, 614 (9th Cir.1993).

3. Monroe’s challenge to Dr.…