United States Eighth Circuit

Conviction and sentence for sexual abuse of a minor is affirmed where the district court did not err in: 1) denying defendant's motions for a new trial, a mistrial, and a judgment of acquittal under Brady; 2) refusing to grant an offense level reduction for defendant's acceptance of responsibility pursuant to U.S.S.G. section 3E1.1.; 3) calculating defendant's base offense level under U.S.S.G. section 2A3.1 rather than U.S.S.G. section 2A3.2; and 4) increasing defendant's offense level on the basis of the minor victim's age.

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Denise Ellen Frost, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Robert Francis Cryne, AUSA, argued, Douglas R. Semisch, AUSA, on the brief, Omaha, NE, for appellee.