093653P.pdf   03/10/2011  United States  v.  Roman White Calf
   U.S. Court of Appeals Case No:  09-3653
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Riley, Author, with Melloy and Gruender, Circuit Judges]
   Criminal case - Criminal law. District court's instructions on the
   affirmative defense set out in 18 U.S.C. Sec. 2243(c)(1) were not
   erroneous; any error in the instructions regarding voluntary intoxication
   as a defense was harmless as the jury instructions, as a whole, allowed
   defendant to argue that he lacked the requisite intent to commit the crime
   of attempted sexual abuse of a minor because he was intoxicated; the
   government need not prove the defendant knew the age of the other
   person engaging in a sexual act, and the district court did not err in
   denying defendant's request for an instruction stating the government was
   required to prove defendant did not know the girl was not 16; no error in
   admitting photo of the victim taken after the crime as it went to the issue
   of her appearance at the time of the offense; arresting tribal officer's
   testimony that victim "looked pretty small; didn't look 19" and "looked
   like a grade schooler" was properly admitted as evidence of the victim's
   age and appearance at the time of the offense.