Opinions by Case | Eighth Circuit | United States Court of Appeals

DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.


113039P.pdf   01/24/2014  United States  v.  Larry  Rouillard
   U.S. Court of Appeals Case No:  11-3039
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Smith and 
   Shepherd, Circuit Judges] 
   Criminal case - Criminal law. Reversed and remanded for further 
   proceedings in light of the en banc court's decision in United States v. 
   Brugier, 753 F.3d 754 (8th Cir. 2013). 
  
113039P.pdf   12/13/2012  United States  v.  Larry Rouillard
   U.S. Court of Appeals Case No:  11-3039
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Chief Judge Riley and Smith,
   Circuit Judges]
   Criminal Case - conviction. 18 U.S.C. sec. 2242(2) requires defendant to
   know that the other person was incapacitated. The district court erred in
   failing to give a jury instruction and deprived defendant of his defense
   that he did not know that the victim was incapacitated or otherwise
   unable to deny consent. Conviction is reversed and remanded for new
   trial.