Appeal from the United States District Court for the Southern District of Ohio at Dayton.
No. 3:18-cr-00032-1—Thomas M. Rose, District Judge.
Argued: July 25, 2023
Decided and Filed: October 17, 2023
Before: MOORE, GIBBONS, and BUSH, Circuit Judges.
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OPINION
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JOHN K. BUSH, Circuit Judge. Sterling Roberts appeals his conviction for federal
crimes relating to the death of Robert “Bob” Caldwell. Mr. Caldwell was in a child-custody
dispute with his ex-wife, Tawnney Caldwell, who was Roberts’ girlfriend. Roberts tried to kill,
or at least seriously harm, Mr. Caldwell by luring him through false guise to a remote location.
Mr. Caldwell managed to escape. Later, he wasn’t so fortunate. Mr. Caldwell was murdered
after a family-counseling session.
Roberts argues, based on the Confrontation Clause, federal evidentiary rules, and the
attorney-client privilege, that the district court improperly admitted evidence related to the earlier
attack and other incriminating proof. He also raises two constitutional challenges to the
interstate stalking statute under which he was convicted, 18 U.S.C. § 2261A, claiming that it
exceeded congressional power under the Commerce Clause and that the counts of his conviction
are multiplicitous. Because none of Roberts’ arguments have merit, we AFFIRM the district
court’s judgment of conviction. |