Lindblad

United States v. Lindblad

Good Law
254 F. App'x 647
United States Court of Appeals for the Ninth CircuitNovember 16, 2007No. 06-50462California763 words

Opinion

Lead Opinion

MEMORANDUM **

1. The District Court did not abuse its discretion in admitting evidence relating to Lindblad’s 1996 Colorado conviction for child enticement. The facts underlying the 1996 conviction were sufficiently similar to the charged offenses to be probative of Lindblad’s intent to engage in prohibited sex acts with a minor. See United States v. Johnson, 132 F.3d 1279, 1283 (9th Cir.1997). This significant probative value was not substantially outweighed by the risk of unfair prejudice, particularly in light of the other evidence.

2. Taken in the light most favorable to the Government, with all reasonable inferences drawn in its favor, see United States v. Bazuaye, 240 F.3d 861, 863 (9th Cir.2001), the evidence—including the facts surrounding the planned trip to Mexico, the facts surrounding the 1996 conviction, and Lindblad’s own testimony regarding his attraction to minor boys— was sufficient to establish that Lindblad traveled from Albuquerque to Los Angeles (en route to Mexico) with the intent to engage in “a sexual act (as defined in *650 section 2246) with a person under 18 years of age.” 18 U.S.C. § 2423 (f). This, in turn, was sufficient both to support the jury’s…

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