United States v. Robert Fool Bear, Sr.

Defendant appealed his conviction of attempted aggravated sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual abuse of a child by force, and incest in Indian Country. The court held that Count 2 (aggravated sexual abuse of a child) and Count 5 (incest in Indian Country) required proof of different elements and were not multiplicitous; the district court properly refused to include defendant's jury instruction for aggravated sexual abuse of a child; the evidence was insufficient to support defendant's convictions for attempted aggravated sexual abuse of a child; the evidence was sufficient to support defendant's convictions for aggravated sexual abuse of a child; and the evidence was insufficient to support defendant's conviction for aggravated sexual abuse of a child by force. Accordingly, the court affirmed in part and reversed in part. View "United States v. Robert Fool Bear, Sr." on Justia Law