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.
121236P.pdf 01/07/2013 United States v. Joseph Brown, Jr.
U.S. Court of Appeals Case No: 12-1236
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Shepherd, Author, with Murphy and Bye, Circuit Judges]
Criminal case - Criminal law. Evidence was sufficient to support
defendant's conviction for attempted aggravated sexual abuse;
prosecutor's comments that a tiger does not change his stripes or a
leopard his spots, did not require a mistrial, as it was not improper for the
government to suggest that defendant's prior sexual assaults shed light on
his modus operandi; even if the comment was improper, it did not
deprive defendant of a fair trial given the evidence in the case and the
court's issuance of a curative instruction that the jury could not convict a
defendant solely because he had committed a similar act in the past.