United States v. Kerry Neil Enjady

LOGAN, Circuit Judge.

Defendant Kerry Neil Enjady appeals Ms conviction by a jury of one count of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153, 2241(a)(1) and 2245(2)(A). Defendant asserts prejudicial error in the district court’s admission, under.Fed.R.Evid. 413, of testimony about a prior rape defendant allegedly committed, for three separate reasons: (1) the district court erroneously applied Rule 413 before its effective date; (2) Rule 413 is unconstitutional; and (3) if the rule is constitutional, the district court should have excluded the evidence as unduly prejudicial…