United States Eighth Circuit

Defendant's conviction for sexual abuse of a minor is affirmed over claims of error regarding: 1) the sufficiency of the evidence against him; 2) the process for selecting the jury; 3) several evidentiary rulings; and 4) jury instructions. However, a portion of a restitution order is vacated where the district court erred by awarding the victim's parent restitution as a "victim" under 18 U.S.C. section 3663A(b)(2)(C), as only the victim who suffered bodily injury should be reimbursed for lost income.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• COLLOTON, Circuit Judge., Before BYE, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Terry L. Pechota, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Gregg S. Peterman, Asst. U.S. Atty., argued, Rapid City, SD, for appellee.