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United States Eighth Circuit


US v. Benais, 05-4464

A conviction and sentence for sexual abuse of a minor is affirmed where evidence of sexual assaults committed against another victim was admissible under Fed. R. Evid. 413 and was not required to be excluded under Rule 403, and the district court did not err in applying the cross reference under U.S.S.G. section 2A3.2(c).

Appellate Information

  • Decided 08/25/2006
  • Published 08/25/2006

Judges

  • MELLOY, Circuit Judge., Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Katherine M. Menendez, argued, Assistant Federal Defender, Minneapolis, Minnesota, for appellant.

  • For Appellees:
  • Tracy T. Braun, argued, Assistant U.S. Attorney, of Minneapolis, Minnesota (Rachel K. Paulose, on the brief), for appellee.
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