DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.