US v. Espinosa, No. 08-3354

Defendant's aggravated sexual abuse conviction is affirmed as to one count where: 1) the evidence was sufficient to establish the penetration element; and 2) the jury could have disregarded a prosecution expert's testimony and nonetheless found that the victim had been abused. However, defendant's conviction on another count is reversed where insufficient evidence existed as to the victim's age at the time of the offense conduct.

Read US v. Espinosa, No. 08-3354

Appellate Information

Submitted: June 11, 2009

Filed: September 18, 2009

Judges

Opinion by Judge Smith