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123687P.pdf 08/08/2013 United States v. Robert Ford
U.S. Court of Appeals Case No: 12-3687
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges]
Criminal case - Criminal law. Where the jury acquitted defendant of sexual
assault and convicted him of kidnapping, the district court's supplemental
instruction validly instructed the jury that it could find Ford guilty to
kidnapping despite concluding that he was not guilty of sexual abuse;
second supplemental instruction adequately elaborated the "unlawfully
seized or detained" element of kidnapping under 18 U.S.C.Sec. 1201(a);
evidence was sufficient to support defendant's conviction for kidnapping
the victim to prevent her from reporting a sexual assault; the verdicts
were not inconsistent as the jury could reasonably belief that the victim
wanted to report an assault and defendant prevented her from doing so even
if the jury was not persuaded that the government proved all of the
elements of the assault beyond a reasonable doubt.