United States First Circuit

Conviction and sentence for sexual abuse of an unconscious woman on a commercial airline flight is affirmed where: 1) the court's instruction to the jury concerning the element of penetration was sufficient; 2) the admission of the victim's out-of-court statements to a state trooper was proper as a prior consistent statement to rebut a charge of recent fabrication; 3) it was clear from the record that the sentencing judge regarded the sentencing guidelines in the proper light; and 4) the sentence was reasonable.

Appellate Information

• Decided 10/20/2006
• Published 10/23/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kimberly Homan for appellant.


• For Appellees:
  
• John T. McNeil, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.