Appeal from the United States District Court for
the Northern District of Ohio at Youngstown.
No. 4:15-cr-00096—Patricia A. Gaughan, District Judge.
Argued: April 27, 2017
Decided and Filed: June 13, 2017
Before: GUY, SILER, and DONALD, Circuit Judges.
SILER, Circuit Judge. Iraephraim Underwood appeals his conviction of one count of
crossing a state line with intent to engage in a sexual act with his step-granddaughter, a minor, in
violation of 18 U.S.C. § 2241(c), and one count of transporting his step-granddaughter in
interstate commerce with the intent that such person engage in unlawful sexual activity, in
violation of 18 U.S.C. § 2423(a). On appeal, Underwood argues that the district court erred in
allowing his wife, his daughter, and a sexual assault nurse to testify at his trial. He argues that by
allowing his wife to testify, the district court violated both the confidential marital
communications privilege and the adverse spousal testimony privilege. He also argues that the
district court erred in allowing his daughter and the sexual assault nurse to testify in violation of
Federal Rules of Evidence 403 and 803(4). We affirm because the district court did not err in
any of these evidentiary rulings.