072407P.pdf   08/27/2008  United States  v.  Keith Wright
   U.S. Court of Appeals Case No:  07-2407
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Melloy, Author, with Wollman and Bowman, Circuit Judges]
   Criminal case - criminal law and sentencing. Defendant who was
   charged after his eighteenth birthday for acts he committed while he was
   minor cannot invoke the protection of the Juvenile Delinquency Act;
   evidence was sufficient to support conviction for attempted aggravated
   sexual abuse; argument that the indictment was constructively amended is
   rejected as the indictment and the jury instructions were identical; Jencks
   Act claim rejected; hearsay claims rejected; while some of the questions
   asked of one child victim were leading, the error was harmless; district
   court did not err in determining some of the offenses occurred after the
   effective date for Guidelines Sec. 4B1.5, and the district court did not err
   in imposing a five-level enhancement under the provision; no error in
   imposing an enhancement under Guidelines Sec. 2A3.1(b)(3)(A), as the
   victims were under defendant' care and control when their guardians
   were absent; fine upheld.