USA V. ERIC LITTLECALF, No. 16-30196 (9th Cir. 2017)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION OCT 12 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 16-30196 D.C. No. 1:14-cr-00130-SPW-1 v. ERIC HARVEY LITTLECALF, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted August 31, 2017** Seattle, Washington Before: McKEOWN and GOULD, Circuit Judges, and FOOTE,*** District Judge. Eric Littlecalf appeals his convictions for assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 113(a)(6), 1153(a), and 3559(f)(3), and felony * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Elizabeth E. Foote, United States District Judge for the Western District of Louisiana, sitting by designation. child abuse, in violation of 18 U.S.C. § 1153(b) and Montana Code Annotated § 45-5-212(1) and (2). The convictions stem from injuries suffered by K.L., his eight-month-old son. Littlecalf contends there was insufficient evidence to sustain the convictions. We affirm. There is sufficient evidence to support a conviction if, after considering the evidence in the light most favorable to the prosecution, “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979). Evidence at trial established that K.L. suffered a skull fracture and subdural hematoma. The government presented evidence that Littlecalf admitted to striking K.L. and that K.L.’s injuries were consistent with Littlecalf’s admission. One of K.L.’s treating physicians testified that K.L.’s injuries involved the protracted loss or impairment of the function of a body member, organ, or mental faculty, and two of K.L.’s treating physicians testified that his injuries involved extreme physical pain. Accordingly, there was sufficient evidence for a rational jury to convict Littlecalf. AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
