BARRON, Circuit Judge.
In 2017, William Gaudet ("Gaudet") was convicted, after trial, in the United States District Court for the District of Maine for federal sex offenses. He was sentenced to life imprisonment. Gaudet now challenges his conviction and sentence on appeal. We affirm.
Gaudet was indicted on December 14, 2016, on one count of Transportation of a Minor with the Intent to Engage in Criminal Sexual Activity, 18 U.S.C. § 2423(a), and one count of Travel with the Intent to Engage in Illicit Sexual Conduct, 18 U.S.C. § 2423(b), in relation to allegations made by his daughter, T.G. Specifically, she testified at trial that he sexually abused her during a 2010 trip to Maine that he took with her and other family members and during a 2010 trip that he took with her and other family members to the Great Wolf Lodge in Pennsylvania.
At his trial — which took place between November 13, 2017, and November 16, 2017 — the government relied, in part, on recorded testimony given by Gaudet's other daughter, Jenny, from a separate trial,
At the close of the government's case, Gaudet moved for judgment of acquittal under Federal Rule of Criminal Procedure 29. The District Court denied that motion. Gaudet renewed his motion after the close of all evidence. The District Court again denied his motion. The jury found Gaudet guilty of both counts against him.
On May 1, 2018, the District Court sentenced Gaudet to life imprisonment on Count One and 360 months of imprisonment on Count Two. In doing so, the District Court applied the United States Sentencing Guidelines enhancement for obstruction of justice,
Gaudet first contends that the District Court erred in denying his Rule 29 motion because the evidence was not sufficient to support his two convictions. We review the denial of a Rule 29 motion for judgment of acquittal de novo.
The government's case depended in substantial part on the credibility of the testimony of T.G., who testified at trial that Gaudet sexually abused her while she resided with him in Stoneham, Massachusetts between 2008 and 2010, that he sexually abused her during the 2010 family trip to Maine, and that he sexually abused her during the 2010 trip to the Great Wolf Lodge in Pennsylvania. Gaudet points, however, to what he contends are features of her account that so undermine her credibility as to make it unreasonable for a jury to have credited it.
Gaudet emphasizes in particular that T.G. did not disclose that she had been sexually abused by Gaudet until four years after the alleged abuse occurred; that she did not disclose the abuse to her mother until after her sister, Jenny, told her mother that she suspected that Gaudet had abused T.G. as a child; and that she denied that the abuse occurred when questioned by her teacher. Additionally, Gaudet argues that T.G.'s account of her abuse at trial varied from the account that she provided during the first of her two recorded interviews with a social worker in 2014. In particular, Gaudet highlights the fact that, in that first interview, T.G. stated that Gaudet had never penetrated her during any of the alleged abusive conduct, while she stated during her second interview, as she then also testified at trial, that Gaudet had both penetrated her and forced her to perform oral sex on him while they were in Maine.
In reviewing a challenge to the sufficiency of evidence, however, "[i]t is not our role to assess the credibility of trial witnesses or to resolve conflicts in the evidence[;] instead we must resolve all such issues in favor of the verdict."
T.G.'s basic story remained unchanged from her first recorded interview, to her second, to her testimony at trial. In each instance, she recounted that her father sexually abused her while she lived with him in Massachusetts, that he sexually abused her on their family trip to Maine, and that he sexually abused her again on their subsequent trip to the Great Wolf Lodge.
Moreover, the government provided expert testimony from Dr. Ann Burgess — an expert in the behavior of domestic and sexual assault victims — in which she testified that delayed disclosures are "[v]ery common" in abuse victims and stem from the way the brain processes, stores, and
Gaudet also argues that, in light of the "inconsistencies" in T. G.'s accounts that we have just considered, her testimony fails to provide a supportable basis for a rational juror's finding of guilt because of the testimony of his son, Matthew Danner. He points out that, at trial, Danner testified that he was sleeping near T.G. during both the Maine and Great Wolf Lodge vacations and that he was not aware of any of the abusive conduct that allegedly occurred. Gaudet contends that, if T.G.'s allegations were true, then Danner would have been awoken by the noise and would have been aware of what occurred.
But, Danner testified that he was a "heavy sleeper" and may have had difficulty waking even if there were nearby disturbances. Thus, Danner's testimony hardly provides a basis for concluding that no reasonable jury could have credited T.G.'s testimony concerning the abuse that she endured.
Wholly apart from Gaudet's challenge to the credibility of T.G.'s testimony, he also contends that the evidence was insufficient for a different reason. He notes, rightly, that both 18 U.S.C. § 2423(a) and 18 U.S.C. § 2423(b) require that the government prove that the defendant traveled "with intent to engage in" the alleged sexual conduct. 18 U.S.C. §§ 2423(a), 2423(b). He then argues that, even if T.G.'s testimony sufficed to permit a reasonable juror to find that he had sexually abused her during the Maine and Great Wolf Lodge trips, the government failed "to present sufficient evidence relating to [his] intent... while traveling/transporting in interstate commerce." He bases that contention largely on the fact that he testified at trial that his sole intent in engaging in such travel was to take his children whale watching in Maine and to the Great Wolf Lodge in Pennsylvania.
The intent element of these offenses, however, requires proof only that "criminal sexual activity [was]
First, the government presented evidence from T.G. that Gaudet had abused her repeatedly at their home in Stoneham, Massachusetts
Gaudet also contends that, even if the evidence was sufficient to support the convictions, they still may not stand, due to evidentiary errors that the District Court committed. In particular, he challenges the District Court's decision to admit, over his motion to exclude, Jenny's testimony from the earlier trial and to admit into evidence his conviction from that trial.
"This Court reviews a district court's evidentiary rulings for abuse of discretion ...."
We start with the District Court's decision to admit Jenny's testimony. Gaudet does not dispute the District Court's determination that Jenny's testimony was admissible — insofar as its admission would not violate Federal Rule of Evidence 403 — pursuant to Federal Rules of Evidence 413 and 414.
We have consistently held, however, that there must be more than mere prejudice for a court to exclude evidence under Rule 403. Instead, under a Rule 403 inquiry, a court must find that the challenged evidence was "
The District Court's balancing of the probative value of evidence as compared to its tendency to unfairly prejudice the defendant is entitled to great weight.
Applying this past guidance here, we conclude that the District Court did not abuse its discretion in ruling that the prejudicial impact of Jenny's testimony — which was considerable — did not "substantially outweigh" the testimony's probative value. Jenny's testimony was, after all, highly probative of Gaudet's guilt in multiple ways.
First, Jenny's testimony was directly probative of Gaudet's intent in traveling to Maine and the Great Wolf Lodge. As stated previously, both § 2423(a) and § 2423(b) require that the government prove beyond a reasonable doubt that the defendant traveled "with intent to engage in" the alleged sexual conduct. 18 U.S.C. §§ 2423(a), 2423(b). We have previously held that one type of evidence probative of such intent is evidence that the defendant committed an earlier crime that "bore a strong resemblance to the charged conduct."
Second, Jenny's testimony was probative because it helped to establish the credibility of T.G.'s testimony. Indeed, much of Gaudet's strategy at trial involved discrediting T.G.'s credibility by highlighting inconsistencies in her testimony. The evidence of Jenny's testimony, therefore, was probative because the near identical account of abuse that she offered helped to corroborate T.G.'s allegations by illustrating that his other daughter had leveled nearly identical allegations against Gaudet previously.
It is true that the abuse that Jenny described in her recorded testimony occurred several years before the abuse that T.G. described at trial.
We turn, then, to Gaudet's challenge to the District Court's decision to admit the evidence of his conviction. But, Gaudet does not explain why, if Jenny's testimony was admissible under Rule 403, the admission of the conviction would not have been. We thus reject this challenge as well.
We come, then, to Gaudet's challenges to his sentence. We review sentences imposed under the guidelines for abuse of discretion.
First, Gaudet challenges the District Court's application of a two-level sentence enhancement for obstruction of justice under § 3C1.1 of the Guidelines. U.S.S.G. § 3C1.1 (recommending a two-level sentence enhancement in cases where "the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice"). Gaudet argues to us — as he did below — that such an application was improper, as there was no indication that he "willfully" provided false testimony. For that reason, Gaudet contends, the District Court's perjury determination amounted to little more than a conclusion that the defendant "disagree[d] with the Government's case" and the jury's ultimate verdict.
Gaudet is right that, to apply the § 3C1.1 enhancement, the District Court was required to make "independent findings necessary to establish" willfulness.
Gaudet's other challenge also fails. He contends that the District Court erred by imposing its sentence without considering "the totality of the circumstances," specifically, his past abuse at the hands of his father and the fact that he spent much of his adult life caring for his grandmother and the rest of his family. But, while the District Court did not expressly address the two mitigating factors cited by the defendant, we have no reason to believe that the District Court overlooked them. Each of these aspects of Gaudet's background was expounded upon, in detail, by defense counsel during the sentencing hearing, and the District Court expressly stated that it had considered "the evidence presented at the [sentencing] hearing" and "everything [it] heard from counsel." As we have stressed previously, the District Court need not "walk, line by line, through" each of the mitigating factors that a defendant presents during sentencing.
We, therefore, affirm Gaudet's conviction and sentence.