United States Fifth Circuit

Defendant's aggravated sexual abuse of a minor conviction and sentence are affirmed where: 1) the admissibility of testimony accompanied by a Fed. R. Evid. 612 refreshment did not depend upon the source of the writing, the identity of the writing's author, or the truth of the writing's contents; 2) a victim-witness's youth and nervousness could satisfy Rule 611's necessity requirement; and 3) defendant's sentence was not procedurally unreasonable because the district court examined the 18 U.S.C. section 3553 factors.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

• JENNIFER W. ELROD, Circuit Judge:, Before WIENER, GARZA, and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard Terrell Starrett, Asst. U.S. Atty. (argued), Jackson, MS, for U.S., Omodare B. Jupiter (argued), Fed. Pub. Def., Jackson, MS, for Carey.