173202P.pdf   09/06/2018  United States  v.  Robert Fool Bear, Sr.
   U.S. Court of Appeals Case No:  17-3202
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Kelly, Author, with Arnold and Stras, Circuit Judges] 
   Criminal case - Criminal law. The counts of Aggravated Sexual Abuse of a 
   Child and Incest in Indian Country require proof of different elements and 
   are not multiplicitous; the language defendant wished to include in the 
   jury instruction for aggravated sexual abuse of a child - that he acted 
   with the intent to abuse, arouse and gratify the sexual desire of any 
   person - is not an element of the offense, and the district court properly 
   refused to include it in the instruction given; evidence was insufficient 
   to support defendant's convictions for attempted aggravated sexual abuse 
   of a child; evidence was sufficient to support defendant's convictions for 
   aggravated sexual abuse of a child; evidence was insufficient to support 
   defendant's conviction for aggravated sexual abuse of a child by force. 
   Judge Stras, dissenting in part.