FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. George Z. Singal, U.S. District Judge]
J. Cyr, with whom Law Offices of Peter J. Cyr was on brief,
M. Bunker, Assistant United States Attorney, Appellate Chief,
with whom Halsey B. Frank, United States Attorney, was on
brief, for appellee.
Howard, Chief Judge, Thompson and Barron, Circuit Judges.
BARRON, CIRCUIT JUDGE.
2017, William Gaudet ("Gaudet") was convicted,
after trial, in the United States District Court for the
District of Maine for federal sex offenses. He was sentenced
to life imprisonment. Gaudet now challenges his conviction
and sentence on appeal. We affirm.
was indicted on December 14, 2016, on one count of
Transportation of a Minor with the Intent to Engage in
Criminal Sexual Activity, 18 U.S.C. § 2423(a), and one
count of Travel with the Intent to Engage in Illicit Sexual
Conduct, 18 U.S.C. § 2423(b), in relation to allegations
made by his daughter, T.G. Specifically, she testified at
trial that he sexually abused her during a 2010 trip to Maine
that he took with her and other family members and during a
2010 trip that he took with her and other family members to
the Great Wolf Lodge in Pennsylvania.
trial -- which took place between November 13, 2017, and
November 16, 2017 -- the government relied, in part, on
recorded testimony given by Gaudet's other daughter,
Jenny, from a separate trial,  which was admitted in evidence
over Gaudet's motion to exclude. In that recorded
testimony, Jenny stated that Gaudet had, on two separate
occasions during her childhood, abused her in a manner
similar to the abusive conduct described by T.G. The
government also introduced evidence of Gaudet's
conviction for sexually abusing Jenny that resulted from that
close of the government's case, Gaudet moved for judgment
of acquittal under Federal Rule of Criminal Procedure 29. The
District Court denied that motion. Gaudet renewed his motion
after the close of all evidence. The District Court again
denied his motion. The jury found Gaudet guilty of both
counts against him.
1, 2018, the District Court sentenced Gaudet to life
imprisonment on Count One and 360 months of imprisonment on
Count Two. In doing so, the District Court applied the United
States Sentencing Guidelines enhancement for obstruction of
justice, see U.S.S.G. § 3C1.1, which increased
Gaudet's base offense level ("BOL") under the
guidelines by two levels. According to the District Court,
the enhancement for obstruction of justice was warranted
because Gaudet had "deliberately [given] false testimony
. . . involv[ing] a material matter [i.e. whether he had
sexually abused T.G.] and the testimony was not a result of
any mistake or faulty memory and was thus willful."
Gaudet timely objected to the District Court's
application of the sentence enhancement, and the District
Court overruled that objection. Gaudet then filed this timely
first contends that the District Court erred in denying his
Rule 29 motion because the evidence was not sufficient to
support his two convictions. We review the denial of a Rule
29 motion for judgment of acquittal de novo. United
Gómez-Encarnación, 885 F.3d 52, 55
(1st Cir. 2018). "[W]e must affirm unless the evidence,
viewed in the light most favorable to the government, could
not have persuaded any trier of fact of the defendant's
guilt beyond a reasonable doubt." Id. (citing
United States v. Acevedo, 882 F.3d
251, 258 (1st Cir. 2018)).
government's case depended in substantial part on the
credibility of the testimony of T.G., who testified at trial
that Gaudet sexually abused her while she resided with him in
Stoneham, Massachusetts between 2008 and 2010, that he
sexually abused her during the 2010 family trip to Maine, and
that he sexually abused her during the 2010 trip to the Great
Wolf Lodge in Pennsylvania. Gaudet points, however, to what
he contends ...