United States v. David Foley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting argument that “Rule 413 did not apply because [defendant] was not charged with 3‫ك‬To qualify as a sexual assault under Rule 413(d), the prior act must meet two independent criteria: it must be (i) “a crime under federal law or under state law” that (ii
• “Our role on appeal … is not to apply the Rule 403 bal- ancing test de novo but to review the district court’s decision for an abuse of discretion.”
• “Our role on appeal … is not to apply the Rule 403 bal- ancing test de novo but to review the district court’s decision for an abuse of discretion.”
• “Our role on appeal … is not to apply the Rule 403 bal- ancing test de novo but to review the district court’s decision for an abuse of discretion.”
• “Evidence that tends to show that a criminal defendant has a propensity to commit crimes ordinarily is excluded from trial, but Rule 413 makes an exception where past sexual offenses are introduced in sexual assault cases.”
• “Foley was charged with child pornography production, distribution, and possession under 18 U.S.C. chapter 110, as well as transporting a minor across state lines to engage in a sex act under 18 U.S.C. § 2423(a

Source: CourtListener parenthetical corpus (CC0).