United States Eighth Circuit

The district court correctly assumed jurisdiction over an Indian defendant, and no plain error occurred whether defendant was charged for aggravated sexual abuse under 18 U.S.C. section 1152 or 1153. District court did not abuse its discretion in holding an Abel Assessment was inadmissible under Rule 702 or in excluding evidence of alleged prosecutorial misconduct.

Appellate Information

• Decided 01/15/2003
• Published 01/15/2003

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before HANSEN, Chief Judge, and HEANEY and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, argued, Asst. Fed. Public Defender, Rapid City, SD, for appellant.


• For Appellees:
  
• Gregg S. Peterman, argued, Asst. U.S. Atty., Rapid City, SD (Jeannine Huber, Asst. U.S. Atty., Sioux Falls, SD, on the brief), for appellee.