141819P.pdf   08/13/2015  United States  v.  Robert Webster
   U.S. Court of Appeals Case No:  14-1819
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Benton, Author, with Wollman and Smith, Circuit Judges] 
   Criminal case - Criminal law. Evidence was sufficient to support 
   defendant's conviction for aggravated sexual abuse of a child; any 
   variance between the "on or about" date of the offense shown in the 
   indictment and the evidence was not prejudicial as the indictment fully 
   apprised defendant of the alleged offense; even if the victim's status as 
   an non-Indian was an element of the offense under 28 U.S.C. Sec. 1152, the 
   indictment's failure to allege her status did not render it so defective 
   that no reasonable construction can be said to charge the offense and 
   defendant stipulated to it at trial; the absence of tribal punishment is 
   not an element of the offense under 28 U.S.C. Sec. 1152; the district 
   court did not abuse its discretion by excluding a tribal complaint or by 
   admitting a recording; district court lacked jurisdiction to consider a 
   post-appeal motion concerning production of a document.