United States Eighth Circuit

Defendant's convictions for attempted aggravated sexual abuse and attempted abusive sexual contact in Indian country are affirmed in part where: 1) the government proved that defendant had the intent to commit attempted aggravated sexual abuse; 2) nothing in the instructions permitted the jury to disregard the mens rea standard of specific intent; and 3) defendant did not meet his burden of showing that any improperly admitted hearsay statements prejudiced his substantial rights. However, defendant's convictions are reversed in part where abusive sexual contact (Count II) was a lesser-included offense of aggravated sexual abuse (Count I) and defendant's being convicted on both Counts I and II therefore violated the Fifth Amendment's prohibition against double jeopardy.

Appellate Information

• Decided 06/07/2010
• Published 06/07/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard J. Henderson, AFPD, argued, Fargo, ND (Mark S. Falk, on the brief), for Appellant., Whitney Chase, AUSA, argued, Fargo, ND (Brett M. Shasky, on the brief), for Appelle.