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U.S. v. PAYNE

No. 89-10277.

944 F.2d 1458 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. David J. PAYNE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1991.

Attorney(s) appearing for the Case

A.J. Kramer, Chief Asst. Federal Defender, Sacramento, Cal., for defendant-appellant.

Richard J. Bender, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before CHOY and FLETCHER, Circuit Judges, and JAMES M. FITZGERALD, District Judge.

FLETCHER, Circuit Judge:

David Payne appeals his conviction, following a jury trial, on four counts of carnal knowledge of a female under age 16. Payne challenges his conviction on numerous grounds. Specifically, Payne argues that the district court committed reversible error when it failed to instruct the sworn jury on the presumption of innocence; excluded evidence of other sexual acts of the victim; admitted prior consistent...

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