United States v. Erramilli, No. 13-3095 (7th Cir. 2015)
Annotate this CaseErramilli has been caught three times fondling unsuspecting women on airplanes. Once in 1999 and once in 2002, he took a window seat behind a young woman, and when she appeared to fall asleep, he reached forward and fondled one of her breasts. Then, in 2011, he took a middle seat between a woman and her husband (who was blind in the eye closest to him), and when the woman appeared to fall asleep, he fondled her inner thigh. The woman discovered what was happening and reported him and he was charged with two counts of abusive sexual contact, 18 U.S.C. 2244, which applies to acts committed on aircraft, 49 U.S.C. 46506(1). At trial, the government introduced evidence of his prior acts pursuant to Federal Rule of Evidence 413. He was convicted and sentenced to nine months in prison. The Seventh Circuit affirmed, rejecting Erramilli’s arguments that his prior acts should have been excluded and that, even if they were properly admitted, the jury instruction on their use was improper. His prior acts were relevant to prove his propensity to commit the charged offense, and to the requisite intent for that offense.
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