James
United States v. James
Opinion
Lead Opinion
MEMORANDUM ***
Defendant Earl James (“James”) appeals his conviction and sentence for two counts of aggravated sexual abuse of a child under the age of twelve pursuant to 18 U.S.C. § 2241 (c) and one count of abusive sexual contact pursuant to 18 U.S.C. § 2244 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 .
The parties are presumed to be familiar with the facts of the case, which are detailed in the briefs and excerpts of record filed under seal with the Court. The only issue raised on appeal is whether the district court erred when it allowed the government to introduce, pursuant to Federal Rule of Evidence 414, evidence of a prior conviction for sexual assault of a child. We review the district court’s ruling that this evidence was admissible for an abuse of discretion. See United States v. Le-May, 260 F.3d 1018, 1024 (9th Cir.2001).
Before admitting this evidence, the district court properly applied Federal Rule *712 of Evidence 403 and considered whether probative value was outweighed by the risk of unfair prejudice. See id., 260 F.3d at 1022 . The district court fully considered the five-factor test set forth by the Ninth Circuit for determining whether to admit…