United States v. Bruguier, No. 11-3634 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of sexual abuse of an incapacitated person, sexual abuse of a minor, aggravated sexual abuse, and burglary. On appeal, defendant challenged his conviction. The court concluded that the jury instruction on the charge of sexual abuse of an incapacitated person fairly and adequately submitted the issues to the jury; the court rejected defendant's argument that the instruction constructively amended the indictment; there was sufficient evidence to sustain defendant's burglary conviction; defendant's sentence of 360 months imprisonment was procedurally sound; and defendant was not eligible for an acceptance of responsibility reduction. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - conviction and sentence. District court did not abuse its discretion in instructing jury by declining to add a fifth element of knowledge that victim was physically incapable of declining or communication her unwillingness to participate. Burguier's argument that instruction constructively amended the indictment fails. Evidence was sufficient to sustain burglary conviction. District court did not commit procedural error in applying five-level enhancement for a pattern of covered sex offenses under section 4B1.5(b)(1) and correctly grouped the offenses. Bruguier was not eligible for an acceptance of responsibility reduction. The district court did not err in applying the vulnerable victim enhancement. Judge Bright dissents.
The court issued a subsequent related opinion or order on December 21, 2012.
The court issued a subsequent related opinion or order on November 5, 2013.
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