082032P.pdf   07/17/2009  United States  v.  LaMont Papakee
   U.S. Court of Appeals Case No:  08-2032
                          and No:  08-2037
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED][Colloton, Author, with Bright and Shepherd, Circuit Judges]
   Criminal Case - conviction and sentence. In consolidated appeals from
   conviction for sexual abuse, district court did not err in excluding
   victim's statement to sheriff that he was "cute" and her proposal, as
   the statements were "other sexual behavior" under Rule 412(a)(1). 
   Evidence was sufficient to support verdict against both defendants.
   District court did not clearly err in finding offense of conviction
   involved conduct described in section 2241(a) and that a 4-level
   enhancement under section 2A3.1(b)(1) was appropriate. Claim of error of
   career offender status was harmless, as district court would have imposed
   same sentence absent career offender status. Sentence was not unreasonable.
   Judge Bright concurs regarding opposition to use of acquitted conduct in
   determining sentence.