United States v. Belone
Opinion of the Court
MEMORANDUM
Donovan Ray Belone appeals his conviction for aggravated sexual abuse in violation of 18 U.S.C. §§ 1153 and 2241(c), and sexual abuse of a minor in violation of 18 U.S.C. §§ 1153 and 2243(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court did not abuse its discretion by excluding the testimony of defense witness Dewayne Wilson as improper impeachment under Federal Rule of Evidence 608(b).
There was, however, testimony about defense witnesses Darren Ayzie and Christopher Williams. Because their testimony
As for the redirect examination of expert witness Elaine Cusey, even assuming error in permitting such testimony, the error was harmless. See United States v. Seschillie, 310 F.3d 1208, 1214-16 (9th Cir. 2003) (stating and explaining applicable rule).
The judgment of conviction is
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Because the parties are familiar with the facts, we do not recite them here except as necessary to aid in understanding this disposition.
. Although initially excluded following a motion in limine, an additional defense witness, Nolan Anderson, was ultimately permitted to testify as an eyewitness to an act of sexual abuse alleged in Count 5 of the indictment.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Donovan Ray BELONE, Defendant—Appellant
- Status
- Published