United States Fifth Circuit

A police officer's conviction for sexual assault under color of law, involving aggravated sexual abuse, is affirmed over claims of error regarding: 1) admission both of government expert witness testimony concerning sexual-assault victims and defendant's prior state-trial testimony; and 2) sufficiency of the evidence. The sentence is vacated pursuant to the government's challenges to: 1) the district court's refusal to impose a two-level enhancement under Guidelines section 2A3.1(b)(3)(A), applicable if the victim was "in the custody, care, or supervisory control of the defendant;" and 2) the reasonableness of the sentence.

Appellate Information

• Decided 11/21/2006
• Published 11/22/2006

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gregory Bryan Friel (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div-App. Section, Washington, DC, Richard Terrell Starrett, Asst. U.S. Atty., Jackson, MS, for U.S., Samuel Dennis Joiner, Fed. Pub. Def., Kathryn Neal Nester (argued), Jackson, MS, for Simmons.