United States Eighth Circuit

A conviction and sentence for aggravated sexual abuse of a child under the age of twelve is affirmed over claims that: 1) the district court did not plainly err by entering a judgment of conviction on both counts of the indictment; 2) the court did not commit reversible error in admitting certain hearsay statements; 3) the court did not admit expert testimony without a proper foundation; 4) the prosecutor's alleged misconduct did not necessitate a new trial; and 5) the district court properly enhanced defendant's offense level pursuant to the use-of-force enhancement.

Appellate Information

• Decided 08/05/2008
• Published 08/05/2008

Judges

• EBEL, Circuit Judge., Before LOKEN, Chief Judge, EBEL  and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, AFPD, argued, Rapid City, SD, Jana Miner, AFPD, on the brief, Pierre, SD, for appellant.


• For Appellees:
  
• Randolph J. Seiler, AUSA, argued, Pierre, SD, for Appellee.