DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062333P.pdf 04/02/2007 United States v. Darren Youngman
U.S. Court of Appeals Case No: 06-2333
U.S. District Court for the District of South Dakota
[PUBLISHED] [Benton, Author, with Bye and Colloton, Circuit Judges]
Criminal case - criminal law. District court did not err in denying
defendant's writs of habeas corpus to compel the presence of three federal
prisoners as witnesses, as defendant failed to show the witnesses's
testimony was material or necessary for an adequate defense; any
prejudice from a judge's comments about a reluctant witness was
remedied when the court dismissed the counts relating to the witness and
gave clarifying instructions; use of "on or about" in an instruction was
not error as time was not an element of the offense; evidence was sufficient
to support convictions for aggravated sexual abuse and assault with a
deadly weapon.