221581P.pdf   04/06/2023  United States  v.  Myron Brandon
   U.S. Court of Appeals Case No:  22-1581
   U.S. District Court for the Southern District of Iowa - Western   
   [PUBLISHED] [Shepherd, Author, with Gruender and Benton, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err under Fed. R. 
   Evid. 412 in excluding defendant's proposed evidence of the minor victims' 
   prior sexual behavior; given the speculative nature of defendant's theory 
   of defense, the district court's exclusion of the evidence was not 
   arbitrary or disproportionate to the purposes served by the exclusion; the 
   district court's kidnapping instructions adequately set forth the law, and 
   the court did not err in rejecting defendant's request for an additional 
   instruction on lack of consent to be transported across state lines; nor 
   did the court err in refusing to give defendant's proposed instruction 
   requiring the government to prove defendant knew the ages of the victims 
   when he transported them across state lines, as such proof is not required 
   under the statute - see U.S. v. Moreira-Bravo, 56 F.4th 568 (8th Cir. 
   2022); admission of defendant's prior incidents of kidnapping and 
   attempted kidnapping under Rule 404(b) was proper; no error in admitting 
   evidence of defendant's prior conviction for indecent contact with a 
   child; the evidence was sufficient to support defendant's convictions for 
   kidnapping and transportation of minors across state lines for sexual 
   purposes.