Watson

United States v. Watson

Good Law
234 F. App'x 743
United States Court of Appeals for the Ninth CircuitJuly 2, 2007No. 06-30591California579 words

Opinion

Lead Opinion

*744 MEMORANDUM **

Defendant-Appellant Bill Tyrone James Descharm Watson appeals his district court conviction and sentence for attempted sexual abuse in violation of 18 U.S.C. §§ 1153 (a) and 2242(2)(B). Watson argues that the district court failed to exclude certain testimony as a discovery sanction, that there was insufficient evidence to support his conviction, and that his sentence is unreasonable. We find no error and affirm.

First, the district court did not err by allowing testimony about the victim’s clothing which had been DNA tested. Watson moved to exclude the testimony as a discovery sanction because the government did not produce witness interview summaries until the day of trial. 1 The government timely disclosed these witnesses and was under no obligation to produce the interview summaries. 2 See Fed.R.Crim.P. 16(a)(2). In addition, the district court allowed Watson to add additional witnesses to respond to the testimony. The district court did not abuse its discretion by refusing to exclude the evidence as a discovery sanction.

Second, viewed in the light most favorable to the government, the evidence at trial was sufficient to allow a rational juror to…

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