U.S. v. Erramilli

In prosecution on charge of abusive sexual contact under 18 USC section 2244(b) arising out of incident in which defendant touched in sexual manner inner thigh of female airline passenger, Dist. Ct. did not err in admitting evidence regarding two prior state-court, sexual assault convictions that involved defendant touching breast of two female airline passengers. Such evidence was admissible under Rule 413(a), where: (1) defendant's state-court convictions concerned past sexual offenses; and (2) evidence concerning state-court convictions was relevant to show that defendant had propensity to commit charged sexual assault offense and to show that defendant had knowingly engaged in sexual contact as required under section 2244(b). Ct. rejected defendant’s claims that various factual differences between state-court convictions and instant charged offense rendered state-court convictions irrelevant.