United States v. Srinivasa Erramilli
788 F.3d 723
7th Cir.2015Background
- Erramilli, on a Southwest Airlines flight in 2011, allegedly touched Susan Domino’s inner thigh; the contact led to a § 2244(b) abusive sexual contact conviction.
- The government sought to admit Erramilli’s two prior sexual assaults under Rule 413; district court admitted with limiting instructions.
- Prior acts included 1999 battery/grope on a woman next to a window and a 2002 incident where he touched a woman’s breast; both pled guilty in related actions.
- Evidence was admitted to prove propensity and intent for the charged 2011 offense, not to punish prior crimes; jury was instructed to limit consideration to necessary facts.
- Erramilli argued the prior acts were unduly prejudicial under Rule 403 and challenged the jury instruction about use of Rule 413 evidence.
- The court upheld admission and approved the jury instruction, affirming the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 413 evidence was admissible. | Erramilli argues evidence lacked probative value and was prejudicial. | Erramilli contends the district court abused its discretion under Rule 403. | Yes; evidence admissible under Rule 413; probative value not outweighed by unfair prejudice. |
| Whether the jury instruction on Rule 413 evidence was proper. | Erramilli asserts the instruction allowed improper use of prior acts. | Erramilli argues clearer limits were necessary; district court properly framed purposes. | Proper; instruction tracked Rule 413 and did not mislead; no abuse of discretion. |
Key Cases Cited
- United States v. Foley, 740 F.3d 1079 (7th Cir. 2014) (abuse-of-discretion review for Rule 413 evidence; proper limits apply)
- United States v. Rogers, 587 F.3d 816 (7th Cir. 2009) (propensity evidence under Rule 413 with limited prejudice)
- United States v. Julian, 427 F.3d 471 (7th Cir. 2005) (Rule 413 admissibility and similarities in probative value)
- United States v. Marr, 760 F.3d 733 (7th Cir. 2014) (final jury instruction must accurately reflect law; discretion in wording)
- United States v. McGuire, 627 F.3d 622 (7th Cir. 2010) (propensity evidence in sexual-offense case; relevance to defense)