102053P.pdf   05/27/2011  United States  v.  Primus James Demery
   U.S. Court of Appeals Case No:  10-2053
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Colloton, Author, with Wollman and Murphy, Circuit Judges]
   Criminal case - Criminal law and sentencing. Evidence was sufficient to
   support defendant's conviction for sexual abuse as the evidence showed
   victim was incapable of declining participation or communicating
   unwillingness at the time penetration occurred; evidentiary challenges
   rejected; the government concedes that the district court erred by
   imposing a sentence longer than the statutory maximum on defendant's
   conviction for abusive sexual contact, and that sentence is vacated;
   written judgment was not inconsistent with the oral pronouncement of
   sentence; the language of a supervisory release provision for counseling
   and treatment did not improperly delegate a judicial function to the
   probation office; case remanded for the limited purpose of resentencing on
   Count I of the indictment.