UNITED STATES V. GUARDIA
135 F.3d 1326 (10th Cir. 1998)
NATURE OF THE CASE: The United States (P) appealed from a judgment which excluded
evidence pursuant to Fed. R. Evid. 413..
FACTS: Dr. Guardia (D) was indicted on charges of sexual abuse and battery. The charges
arose from D's allegedly improper behavior during gynecological exams he performed at
Kirkland Air Force Base in 1995. D moved in limine to exclude evidence proffered by the
U.S under 413. The district court granted that motion under 403. Both complainants alleged
that D exceeded the bounds of medically appropriate examination techniques, and that this
was shown by D's sayings during the exam of how he loved his job and that D called one of
the patients at home and performed other acts suggesting his sexual interest in her. Neither
of the exams occurred with a chaperon present. The government also wanted to enter the
testimony of four other women who alleged the same type of abuse in examinations with D.
There were major differences in the evidence offered and the court excluded the evidence.
The government appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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