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.
041834P.pdf 02/22/2005 United States v. Emil Earl Little Dog
U.S. Court of Appeals Case No: 04-1834
District of South Dakota
Criminal case - criminal law. Evidence was sufficient to support
conviction for sexual abuse and sexual contact; while it was error not to
swear in the jury until after opening statements, the error was harmless;
no error in denying motion to sever obstruction of justice count from
sexual abuse counts; no error in refusing to permit defendant's medical
expert to conduct a gynecological exam of the victim; jury instructions on
obstruction of justice count were an accurate statement of the applicable
law. Motion for supplemental briefing to discuss United States v. Booker
is denied; criminal history category was based on prior violent felony
convictions and does not implicate Booker; district court understood
authority to depart downward and chose not to do so. [PUBLISHED] [
Smith, Author, with Beam and Benton, Circuit Judges]
041834P.pdf 01/25/2005 United States v. Emil Earl Little Dog
U.S. Court of Appeals Case No: 04-1834
District of South Dakota
Criminal case - criminal law. Evidence was sufficient to support
conviction for sexual abuse and sexual contact; while it was error not to
swear in the jury until after opening statements, the error was harmless;
no error in denying motion to sever obstruction of justice count from
sexual abuse counts; no error in refusing to permit defendant's medical
expert to conduct a gynecological exam of the victim; jury
instructions on obstruction of justice count were an accurate statement of
the applicable law.
[PUBLISHED] [ Smith, Author, with Beam and Benton, Circuit Judges]