United States Eighth Circuit

A conviction and sentence for aggravated sexual abuse and abusive sexual contact arising from alleged abuse of his two children is affirmed over claims that: 1) there was insufficient evidence supporting the specific charges; 2) that there was no factual basis to support a jury instruction on the lesser-included offenses; 3) the district court erred in excluding testimony that the children's mother had accused others of similar sexual abuse; and 4) that the ultimate sentence was unreasonable.

Appellate Information

• Decided 01/10/2007
• Published 01/10/2007

Judges

• BEAM, Circuit Judge., Before MELLOY, BEAM, BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary Colbath, Attorney Federal Public Defender, argued, Rapid City, SD (Jeffrey L. Viken, Federal Public Defender, Rapid City, SD, on the brief), for appellant.


• For Appellees:
  
• Mark Salter, Asst. U.S. Attorney, argued, Sioux Falls, SD (Gregg S. Peterman, Asst. U.S. Attorney, on the brief), for appellee.