United States v. Dave

MEMORANDUM *

James Ralph Dave (“Dave”) was convicted by a jury of abusive sexual contact with a minor under twelve years of age, and the district court entered a judgment of conviction under 18 U.S.C. § 2244(c). We *41have jurisdiction under 28 U.S.C. § 1291, and for the reasons stated below, we reverse and remand for a new trial.

During the trial, the government called Mr. Schimmel to testify as a lay witness. Schimmel was a tribal liaison who worked at the alleged victim’s school. He testified that he had received training in recognizing “abuse” in children, and he had noticed some “red flags”…