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044165P.pdf   12/29/2005  United States  v.  Sherman T. Peneaux
   U.S. Court of Appeals Case No:  04-4165
   District of South Dakota   
   [PUBLISHED] [Murphy, Author, with Arnold and Hansen, Circuit Judges]
Criminal case - criminal law. Evidence was sufficient to support convictions for aggravated sexual abuse of a child and assault; extinguishing a cigarette on a three year old could inflict serious bodily harm and the jury's finding that the cigarette was a dangerous weapon would not be overturned; similarly, the jury's finding that the cigarette incident was sufficient to support a conviction for assault resulting in serious bodily injury is affirmed; admission of child victim's inconsistent prior statements was proper under Rule 807; other challenges to admission of various statements rejected.