071287P.pdf   03/28/2008  United States  v.  Juan Rojas
   U.S. Court of Appeals Case No:  07-1287
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Melloy, Author, with Beam and Shepherd, Circuit Judges]
   Criminal case - criminal law and sentencing. Evidence was sufficient
   to support defendant's convictions for sexually abusing a minor child; the
   court did not err in allowing the U.S. to use leading questions with the
   ten-year-old victim as she became distraught during her testimony and the
   use of the leading questions did not make her testimony infirm; no error
   in imposing a four-level increase under Guidelines Sec. 2A3.1(B)(1)
   where defendant threatened to kill himself if the victim ever spoke of the
   incidents; no error in imposing a five-level increase under Guidelines
   Sec. 4B1.5(b) for repeat offenses against a minor; given the confused and
   conflicting statements submitted in support of and in opposition to
   defendant's motion for new trial based on a claim that the victim had
   recanted her testimony, the district court should have conducted a hearing
   before ruling on the motion, and the matter is remanded for further
   proceedings.