United States v. Orange

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 3, 2023
• Docket: 21-40176
• Status: Unpublished

Opinion

Case: 21-40176 Document: 00516697837 Page: 1 Date Filed: 04/03/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED April 3, 2023 No. 21-40176 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Charles Orange,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:19-CR-4-1

Before Richman, Chief Judge, and Stewart and Willett, Circuit Judges. Per Curiam:* A jury convicted Charles Orange of one count of possessing child pornography, and the district court sentenced him to 240 months of imprisonment followed by a life term of supervised release. Orange argues that the district court erred in permitting the Government to present evidence of his prior conviction for indecency with a child. We review the

* This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-40176 Document: 00516697837 Page: 2 Date Filed: 04/03/2023

No. 21-40176

district court’s evidentiary ruling for an abuse of discretion. United States v. Dillon, 532 F.3d 379, 387 (5th Cir. 2008). The district court did not abuse its discretion in admitting evidence of Orange’s prior offense for indecency with a child. The evidence was admissible under Federal Rule of Evidence 414, and Orange fails to show that its probative value was substantially outweighed by the danger of unfair prejudice. See Fed. R. Evid. 403; Fed. R. Evid. 414(a). Moreover, the district court gave two limiting instructions. See United States v. Adair, 436 F.3d 520, 527 (5th Cir. 2006). AFFIRMED.