Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

US v. Papakee, No. 08-2032

By FindLaw Staff on July 17, 2009 3:47 PM

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

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard