062350P.pdf   05/29/2007  United States  v.  David Wilcox
   U.S. Court of Appeals Case No:  06-2350
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Colloton, Author, with Bye and Benton, Circuit Judges]
   Criminal case - criminal law and sentencing. Evidence was sufficient to
   support conviction for sexual abuse of a minor; Batson challenge
   rejected; challenges to a variety of evidentiary rulings rejected; court did
   not err in striking defendant's closing argument reference to possible
   punishment as such an argument introduces improper and confusing
   considerations and is not proper; jury instructions on elements of the
   offense were not improper; 110-month sentence was not unreasonable
   and was based on consideration of the factors set out in 18 U.S.C. Sec.
   3553(a); court's decision to grant defendant some leniency under
   Guidelines Sec. 3E1.1 but to refrain from imposing a sentence at the
   bottom of the Guidelines was not unreasonably harsh or unconstitutional;
   court erred in awarding victim's mother restitution as a victim under the
   Mandatory Victim's Restitution Act based on her claim of lost income;
   court did not err in awarding restitution to cover the costs of various
   healing ceremonies the victim underwent.