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131348P.pdf   04/07/2014  United States  v.  Anthony Fast Horse
   U.S. Court of Appeals Case No:  13-1348
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit 
   Judge] 
   Criminal case - Criminal law. Under this court's decision in United States 
   v. Bruguier, 735 F.3d 754 (8th Cir. 2013)(en banc), the government must 
   prove beyond a reasonable doubt Fast Horse's knowledge that his victim 
   lacked the capacity to consent to sexual conduct; because the jury 
   instructions given in the case did not require the jury to make such a 
   finding, Fast Horse's convictions is reversed, and the case is remanded 
   for a new trial. Judge Colloton, dissenting.