United States Eighth Circuit

Conviction for committing sexual abuse against a Native American woman is affirmed where: 1) the district court did not err in excluding victim's statement to sheriff, as the statements constituted other sexual behavior under Fed. R. Evid. 412(a)(1); 2) the evidence was sufficient to support the verdict against both defendants; 3) the court did not err in finding convicted offense involved conduct described in 18 U.S.C. sec. 2241(a) and that a four level enhancement under the sentencing guidelines was appropriate; 4) any error in sentencing defendant as a career offender was harmless as the court would have imposed the same sentence absent career offender status; and 5) the sentence was not unreasonable.

Appellate Information

• Decided 07/17/2009
• Published 07/17/2009

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, BRIGHT, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jonathan Hammond, argued, Cedar Rapids, IA, for Appellant, Papakee., Erik K. Parrish, argued, Des Moines, IA, for Appellant, Blackcloud.


• For Appellees:
  
• Ian K. Thornhill, AUSA, argued, Cedar Rapids, IA, for Appellee.