United States v. Fred James Lemay, III

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 right to due process. We agree with numerous other courts that Rule 403 remains applicable to evidence introduced under Rule 414, and, if conscientiously applied, will protect defendants from propensity evidence so inflammatory as to…