United States v. Larry Duane Sioux

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 at the party said that he thought he heard the police coming. As the party-goers scattered, H.H. hid in a dark bedroom in the back of the house and…