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]