United States v. Scott
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 26, 2026
Docket26-192
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 26 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 26-192
D.C. No.
Plaintiff - Appellee, 1:24-cr-00154-SPW-1
v.
MEMORANDUM*
STEVEN DWAYNE SCOTT,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, Senior District Judge, Presiding
Argued and Submitted October 15, 2026
Missoula, Montana
Before: TALLMAN, BRESS, and FORREST, Circuit Judges.
Steven Dwayne Scott appeals his conviction and 324-month prison sentence
for attempted coercion and enticement of a minor (Count 1), 18 U.S.C. § 2422(b),
and possession of child pornography (Count 2), id. § 2552A(a)(5)(B), (b)(2). We
have jurisdiction under 28 U.S.C. § 1291. We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
1. The evidence was sufficient to convict Scott of the charged offenses.
“When the issue of sufficiency of the evidence is preserved by making a motion for
acquittal, we review the district court’s denial of the motion de novo.” United States
v. Jackson, 24 F.4th 1308, 1311 (9th Cir. 2022) (quoting United States v. Shea, 493
F.3d 1110, 1114 (9th Cir. 2007)). We “view[] the evidence in the light most
favorable to the prosecution” and ask if “any rational trier of fact could have found
the essential elements of the crime beyond a reasonable doubt.” United States v.
Perez, 962 F.3d 420, 446 (9th Cir. 2020) (quoting United States v. Phillips, 929 F.3d
1120, 1123 (9th Cir. 2019)).
At trial, the government presented extensive evidence connecting Scott to the
charged conduct, including electronic records, victim and law enforcement
testimony, and photographs. The jury was not required to accept Scott’s speculative
assertion that his electronic accounts were hacked or that he was framed.
Accordingly, viewed in the light most favorable to the prosecution, the evidence was
sufficient for a rational trier of fact to find that Scott attempted to coerce a minor to
engage in sexual activity and possessed child pornography.
2. We reject Scott’s contention that the district court erred in denying his
motion to exclude evidence of prior child molestation under Federal Rule of
Evidence 414. We review a district court’s denial of a motion in limine to exclude
evidence for an abuse of discretion. United States v. Sutcliffe, 505 F.3d 944, 958
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(9th Cir. 2007). There was no abuse of discretion here. As the parties clarified in
their appellate briefing and at oral argument, as to Count 2, the testimony of the two
Jane Does was not propensity evidence of prior crimes or bad acts, but rather direct
evidence for the Count 2 child pornography charge. Neither below nor on appeal
did Scott request that the jury be instructed that the testimony of the two Jane Does
could be considered only as to Count 2. We do not address Scott’s argument that
his Count 1 charge under 18 U.S.C. § 2422(b) is not a crime of “child molestation”
within the meaning of Rule 414. Scott did not raise this argument below, and he did
so on appeal only in his reply brief. The argument is thus forfeited. See, e.g., Graves
v. Arpaio, 623 F.3d 1043, 1048 (9th Cir. 2010); Padgett v. Wright, 587 F.3d 983,
985 n.2 (9th Cir. 2009) (per curiam). Regardless, this issue would appear to be of
limited practical effect, considering that it would at most support a jury instruction
that Scott did not request.
Scott also argues that his prior conviction for sexual abuse of a minor should
have been excluded from evidence once the government dropped its Count 3 charge
for Scott’s failure to register as a sex offender. Scott failed to present this argument
to the district court once Count 3 was dropped, so this issue is forfeited. See Padgett,
587 F.3d at 985 n.2. Regardless, the district court did not abuse its discretion in
finding that Scott’s prior conviction for sexual abuse of a minor was admissible as
to Counts 1 and 2 because it demonstrated Scott’s intent. See United States v.
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LeMay, 260 F.3d 1018, 1029 (9th Cir. 2001) (“Prior acts evidence need not be
absolutely necessary to the prosecution’s case in order to be introduced; it must
simply be helpful or practically necessary.”); see also United States v. Thornhill,
940 F.3d 1114, 1120–21 (9th Cir. 2019) (holding that district court did not abuse its
discretion in admitting prior conviction because the defendant “was contesting the
identity of who actually downloaded the photographs”).
Finally, the district court did not abuse its discretion in conducting a prejudice
analysis under Rules 403 and 414. See LeMay, 260 F.3d at 1028 (explaining that in
deciding whether to admit evidence under Rule 414, courts must evaluate “(1) the
similarity of the prior acts to the acts charged, (2) the closeness in time of the prior
acts to the acts charged, (3) the frequency of the prior acts, (4) the presence or lack
of intervening circumstances, and (5) the necessity of the evidence beyond the
testimonies already offered at trial”) (internal quotation marks omitted) (quoting Doe
ex rel. Rudy-Glanzer v. Glanzer, 232 F.3d 1258, 1268 (9th Cir. 2000)). The district
court reasonably and conscientiously balanced these factors and did not treat Rule
414 as “a blank check entitling the government to introduce whatever evidence it
wishes.” Id. at 1022.
3. We reject Scott’s challenge to his sentence. “[O]ur review of the
substantive reasonableness of a sentence is deferential and will provide relief only
in rare cases.” United States v. Bradford, 148 F.4th 699, 709 (9th Cir. 2025) (quoting
4 26-192
United States v. Ressam, 679 F.3d 1069, 1088 (9th Cir. 2012) (en banc)). We will
“only vacate a sentence if the district court’s decision not to impose a lesser sentence
was illogical, implausible, or without support in inferences that may be drawn from
the facts in the record.” Id. (quoting United States v. Wilson, 8 F.4th 970, 978 (9th
Cir. 2021) (per curiam)).
The district court in this case sufficiently explained why Scott was deserving
of a significant term of imprisonment, albeit one at the low end of the recommended
Sentencing Guidelines range. In particular, the district court discussed the
seriousness of Scott’s crimes involving young victims and determined there was no
basis to vary downward from the Guidelines calculation. The court also addressed
Scott’s argument about his health by recommending that he serve his sentence in a
medical facility. Although the district court “did not mention several of [Scott’s]
mitigating arguments,” our review of the record confirms that the district court
“‘listened to [Scott’s] arguments’ and ‘then simply found these circumstances
insufficient to warrant a sentence lower than the Guidelines range.’” United States
v. Amezcua-Vasquez, 567 F.3d 1050, 1054 (9th Cir. 2009) (quoting Rita v. United
States, 551 U.S. 338, 358 (2007)).)); see also United States v. Taylor, 153 F.4th 934,
941 (9th Cir. 2025) (“[T]he district court need not tick off each of the § 3553(a)
factors to show that it has considered them.” (quoting United States v. Carty, 520
F.3d 984, 992 (9th Cir. 2008) (en banc))).
5 26-192
AFFIRMED.
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