United States v. Luther Amos Beahm

664 F.2d 414, 1981 U.S. App. LEXIS 15890, 9 Fed. R. Serv. 565
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 18, 1981
Docket80-5127
StatusPublished
Cited by135 cases

This text of 664 F.2d 414 (United States v. Luther Amos Beahm) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Luther Amos Beahm, 664 F.2d 414, 1981 U.S. App. LEXIS 15890, 9 Fed. R. Serv. 565 (4th Cir. 1981).

Opinions

WINTER, Circuit Judge:

Luther Beahm appeals his conviction by a federal jury on two counts of taking indecent liberties with children on a United States military installation in Virginia.1 He contends that the district court improperly permitted the introduction of prejudicial evidence and erroneously instructed the jury. We agree, in part, and therefore reverse the judgment of conviction and award a new trial.

I.

Two boys, ages nine and twelve, were fishing in a pond on Fort Bel voir, Virginia, on August 19, 1979, when they were each approached by a man subsequently identified as the defendant. The man dismounted from a blue motorcycle, took off his helmet, and attempted to talk to one of them about fishing. He alternately sat close by each of them and fondled their genitals. He left after approximately ten minutes.

One of the youths related the incident to his father, an Army sergeant, on August 25. The sergeant and his son, driving around the same area in which the incident occurred, observed a man on a blue motorcycle whom the son identified as the actor in the incident. The sergeant copied the license number of the motorcycle and, when traced by the FBI, it was found to belong to Beahm’s girlfriend, with whom he was living. After an investigation was initiated, [416]*416an FBI agent sought the defendant at the residence where Beahm and his girlfriend were living, and, when no one responded to his knock, the agent left a note requesting Beahm to contact him. Beahm found the note that same day, September 7, threw it in a trash can, and departed immediately for Florida after packing a bag and withdrawing $200 from a joint account. He did not advise his girlfriend of his departure, but two weeks later, in a telephone conversation, she advised him that if he was innocent he should return. He followed her advice, and was subsequently interrogated, indicted, and convicted. He was sentenced to three years imprisonment on each of two counts, the sentences to run concurrently.

Before trial, the government filed its notice of intent to use evidence of two prior convictions of defendant for the purpose of impeachment in the event defendant testified. Such notice was required by Federal Rule of Evidence 609(b) because one of the convictions was more than ten years old. The notice explicitly referred to Rule 609(b), and listed two Maryland convictions, one for “unnatural and perverted sexual practices,” nine and one-half years old, the other for sodomy, over eleven years old. Counsel for defendant filed a written objection to admissibility of this evidence, arguing that it was not permissible under Rule 609 and that even if it were, its probative value would be outweighed by its prejudicial effect because prior convictions for similar sexual offenses would inflame the jury. Although the district court refused to rule on the objection before the evidence was offered, it nonetheless clearly indicated its predisposition to admit the evidence, stating: I’m fully of the opinion that if it is of similar crimes, similar offenses, they may be introduced, and I think the Fourth Circuit has ruled on it in quite a number of cases, beginning with an old case way back.”

At trial, the government introduced the testimony of the two offended youths, of the father of one of them, and of two other young males who testified that Beahm had committed similar acts on them several years previously. The latter evidence was admitted over Beahm’s objection.

When the government’s case was completed, the defendant took the stand in his own behalf, and he was questioned about his prior convictions. In light of the district court’s pre-trial decision regarding this evidence, counsel attempted to limit the prejudice flowing from admission of the convictions for impeachment purposes by restricting cross-examination to the fact that defendant had two previous felony convictions, barring inquiry into the nature of those convictions. The district court ruled that the government could inquire into the nature of the offenses for which defendant was convicted, although it did not allow the government to delve further into the facts and circumstances of each case. Although the district court had earlier recognized that it would be required to weigh the prejudice to defendant against the right of the government to introduce the evidence, it failed to make any specific findings on the probative value of the convictions for purposes of impeachment; it relied instead on case law to support its ruling, citing Spencer v. Texas, 385 U.S. 554, 87 S.Ct. 648, 17 L.Ed.2d 606 (1967), United States v. Boyce, 611 F.2d 530 (4 Cir. 1979), and Gardner v. Paderick, 566 F.2d 1172 (4 Cir. 1977) (unpublished).

II.

We consider first the admissibility of the testimony of two male witnesses that Beahm had made sexual advances to them within three years prior to the offenses charged. The district court admitted this evidence under Federal Rule of Evidence 404(b) as tending to prove Beahm’s “intent, knowledge, or absence of mistake”,2 and [417]*417instructed the jury that the evidence might be considered only for that purpose. In this connection, it is significant that defendant was sharply contesting the sufficiency of the government’s proof of lascivious intent with respect to the crimes charged.

We think that the district court did not err in admitting this evidence of other crimes, wrongs or acts, especially since defendant was insisting that under the Virginia statute the burden was on the government to show that defendant’s acts were performed with lascivious intent and did not occur by accident. Because intent was a key issue in the ease, the threshold requirement that evidence of prior acts be relevant to an issue other than the defendant’s character was fully met. See United States v. Beechum, 582 F.2d 898, 911-16 (5 Cir.), cert. denied, 440 U.S. 920, 99 S.Ct. 1244, 59 L.Ed.2d 472 (1979); United States v. DiZenzo, 500 F.2d 263, 265 (4 Cir. 1974); United States v. Mastrotaro, 455 F.2d 802, 803 (4 Cir.), cert. denied, 406 U.S. 967, 92 S.Ct. 2411, 32 L.Ed.2d 666 (1972).

The only other limitation on use of prior acts evidence is contained in Federal Rules of Evidence 403, that the probative value of the challenged evidence must outweigh its prejudicial effect. But we cannot say that the district court abused its discretion in balancing these conflicting considerations. See United States v. Masters, 622 F.2d 83 (4 Cir. 1980). The probative value of the prior episodes is attested by their similarity to the offense charged and their temporal proximity to the crimes with which the defendant is charged.

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664 F.2d 414, 1981 U.S. App. LEXIS 15890, 9 Fed. R. Serv. 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-luther-amos-beahm-ca4-1981.