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U.S. v. LEMAY

No. 00-30193.

260 F.3d 1018 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Fred James LEMAY, III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2001.

Attorney(s) appearing for the Case

John P. Rhodes, Federal Defenders of Montana, Missoula, Montana, for the defendant-appellant.

Marcia Good Sept (Briefed), United States Attorney's Office, Billings, Montana, for the plaintiff-appellee.

Lisa Simotas (Argued), United States Attorney's Office, Billings, Montana, for the plaintiff-appellee.

Before: WOOD, JR., TROTT, and PAEZ, Harlington Stephen S. Trott, and Richard A. Paez, Circuit Judges.

Argued and Submitted April 5, 2001 — Seattle, Washington

OPINION

Opinion by Judge TROTT; Partial Concurrence and Partial Dissent by Judge. PAEZ.

TROTT, Circuit Judge:

Fred LeMay appeals his convictions for two counts of child molestation in violation of 18 U.S.C. §§ 2241 and 3231. We must decide whether admission of his prior acts of child molestation under Rule 414 of the Federal Rules of Evidence violated his constitutional...

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