U.S. v. SIOUX

No. 03-30310.

362 F.3d 1241 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Duane SIOUX, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2004.


Attorney(s) appearing for the Case

Jeffrey G. Michael, Esq., and Gary E. Wilcox, Esq., Billings, MT, for the appellant.

William W. Mercer, United States Attorney, and Marcia Hurd, Assistant United States Attorney, Billings, MT, for the respondent.

Before: O'SCANNLAIN, RYMER, and JAY S. BYBEE, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether Federal Rule of Evidence 413 permits the admission of propensity evidence detailing sexual misconduct that occurred subsequent to the event giving rise to a pending trial.

I

On or about February 2, 2001, H.H. and several of her underage friends were drinking at an abandoned house on the Northern Cheyenne Indian Reservation in Lame Deer, Montana. In the wee hours of the morning, somebody...

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