United States Eighth Circuit

Conviction for sexual abuse is affirmed where: 1) defendant's double jeopardy rights were not violated as defendant committed two distinct sex acts within a single course of conduct, that were separate offenses; 2) the charged offenses of attempted sexual abuse of a minor and abusive sexual contact have different statutory elements; and 3) evidence was sufficient to support defendant's convictions.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

• SMITH, Circuit Judge., Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David James Fransen, argued, Aberdeen, SD, for Appellant.


• For Appellees:
  
• Thomas J. Wright, AUSA, argued, Sioux Falls, SD, for Appellee.