United States v. Orange ( 2023 )

Case: 21-40176 Document: 00516697837 Page: 1 Date Filed: 04/03/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 3, 2023
No. 21-40176
Lyle W. Cayce
Summary Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
Charles Orange,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:19-CR-4-1
Before Richman, Chief Judge, and Stewart and Willett, Circuit
Judges.
Per Curiam:*
A jury convicted Charles Orange of one count of possessing child
pornography, and the district court sentenced him to 240 months of
imprisonment followed by a life term of supervised release. Orange argues
that the district court erred in permitting the Government to present
evidence of his prior conviction for indecency with a child. We review the
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 21-40176 Document: 00516697837 Page: 2 Date Filed: 04/03/2023
No. 21-40176
district court’s evidentiary ruling for an abuse of discretion. United States v.
Dillon, 532 F.3d 379, 387 (5th Cir. 2008).
The district court did not abuse its discretion in admitting evidence of
Orange’s prior offense for indecency with a child. The evidence was
admissible under Federal Rule of Evidence 414, and Orange fails to show that
its probative value was substantially outweighed by the danger of unfair
prejudice. See Fed. R. Evid. 403; Fed. R. Evid. 414(a). Moreover, the
district court gave two limiting instructions. See United States v. Adair, 436
F.3d 520, 527 (5th Cir. 2006).
AFFIRMED.
2