United States v. Nopporn Sriyuth, A/K/A Thi Nopporn Sriyuth

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Noppom Sriyuth appeals his conviction of kidnapping and use of a firearm in relation to the kidnapping in violation of 18 U.S.C. §§ 1201(a)(1) and 924(c), respectively. We are asked to decide, inter alia, whether the district court erred in failing to exclude evidence, under Federal Rules of Evidence 404(b) and 403, that the purpose or motive for the kidnapping was for companionship or sexual assault of the victim.

We find that the sexual assault evidence was probative of motive as well as the victim’s nonconsent to the interstate transportation and,…