United States Eighth Circuit

Conviction and sentence for attempted aggravated sexual abuse and attempted sexual abuse of a minor is affirmed where: 1) the district court erred in finding defendant did not clearly invoke his right to silence, but the error was harmless as officers honored the right at the time it was invoked; 2) certain portions of testimony by victim's mother were inadmissible hearsay, but the error did not require reversal as the testimony did not influence or had only the slightest influence on the verdict; 3) the court did not err in denying defendant's motion for acquittal as the evidence was sufficient to support the conviction; 4) court did not err in denying defendant's proposed jury instruction; and 5) defendant's sentence under the Adam Walsh Act did not violate his equal protection rights, as the penalties serve Congress's purpose of deterring sex offenders and are rationally related to the objective of protecting children.

Appellate Information

• Decided 04/30/2009
• Published 04/30/2009

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher J. Lancaster, AFPD, argued, Fargo, ND, for appellant.


• For Appellees:
  
• Janice Mae Morley, AUSA, argued, Fargo, ND, for appellee.