193207P.pdf   10/01/2020  United States  v.  Cyrus Free
   U.S. Court of Appeals Case No:  19-3207
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   abuse its discretion by refusing to admit testimony regarding whether the 
   minor victim in this sex abuse prosecution had drugs in her bedroom or had 
   tested positive for marijuana shortly before she disclosed defendant had 
   been sexually abusing her; while evidence that the victim had been 
   disciplined and feared other discipline was relevant to show that the 
   victim had a motive to make a false accusation in retaliation, any 
   evidence of the victim's drug use would not have tended to prove the 
   alleged motives of retaliation and avoiding punishment and was properly 
   excluded; the evidence was sufficient to support the jury's verdict that 
   defendant had knowingly engaged in a sex act with the victim before she 
   had attained the age of 12; the district court gave due consideration to 
   defendant's argument for a lesser-than-life sentence, and the court did 
   not abuse its discretion in determining that defendant's age did not 
   warrant a downward variance from the advisory guidelines range.