United States v. Harlan, No. 15-1552 (8th Cir. 2016)
Annotate this CaseDefendant appealed his conviction and sentence for domestic assault in Indian country by an habitual offender in violation of 18 U.S.C. 117. The court concluded that the district court did not err in denying defendant’s motion in limine and in allowing the government to use his prior simple-assault conviction as a predicate offense under section 117(a); it was reasonable for the jury to credit the victim’s corroborated testimony and find defendant guilty of domestic assault; and defendant's sentence is substantively reasonable where the district court sentenced him at the bottom of the Guidelines range after considering various factors such as his health, history of criminal assault, seriousness of domestic violence, failure to accept responsibility, and his lack of remorse. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Beam and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not err in denying defendant's motion in limine to exclude evidence of his 2002 tribal-court conviction for simple assault and in allowing the government to use the assault as a predicate offense under 18 U.S.C. Sec. 117(a); evidence was sufficient to convict defendant of assault under 18 U.S.C. Sec. 117; the district court considered defendant's health as one of the 3553(a) factors and did not err in weighing it among the other factors when it determined defendant's sentence.
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