US v. Papakee, No. 08-2032

By FindLaw Staff on July 17, 2009 | Last updated on March 21, 2019

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.

Read US v. Papakee, No. 08-2032

Appellate Information
Appeal from the United States District Court for the Northern District of Iowa.
Submitted: December 10, 2008
Filed: July 17, 2009

Judges
Before COLLOTON, BRIGHT, and SHEPHERD, Circuit Judges.
Opinion by COLLOTON, Circuit Judge.
Concurring Opinion by BRIGHT, Circuit Judge