221590P.pdf   10/02/2023  United States  v.  Warren Mackey
   U.S. Court of Appeals Case No:  22-1590
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Kelly, Author, with Benton and Erickson, Circuit Judges] 
   Criminal case - Criminal law. In this aggravated sexual abuse of a minor 
   prosecution, the district court did not err in admitting testimony from 
   two of the victim's friends, her school counselor, and the school 
   principal regarding the victim's statements to them, to the extent they 
   testified about how and when they learned of the events and the steps they 
   took in response; the evidence was relevant to explain the origins of the 
   investigation of defendant's conduct, and was properly admitted; however, 
   to the extent they testified about the victim's statements or demeanor, 
   the evidence was an improper bolstering of the victim's testimony; 
   however, the additional testimony was cumulative of other admissible 
   testimony and was not so prejudicial that reversal is required; assuming 
   for the purposes of argument that the FBI agent's testimony about female 
   anatomy qualified as expert testimony, the violation of Rule 16(a)(1)(G)'s 
   notice requirements did not require reversal as defendant has failed to 
   demonstrate that he was prejudiced by the lack of notice; the district 
   court did not resolve defendant's objections to restitution, and the 
   matter is remanded for further proceedings on the proper amount of 
   restitution.