This section contains the nature of the case and procedural background.

D allegedly abused his daughter T.M. physically and sexually from 1993, when she was ten, through January 1997. The alleged abuse included forced touching and intercourse and beating with an ax handle. P sought to introduce evidence of similar acts committed by D in 1987, namely the sexual abuse of two girls, ages 12 and 16. D had pleaded guilty to the first offense, in return for which the government dropped its investigation of the second. The District Court admitted the conviction under Rule 413 but excluded evidence of the uncharged offense. The jury convicted D of all seven sexual abuse and assault charges. He was sentenced to life imprisonment. D appealed. D argues, first that Rule 413 is unconstitutional.

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