United States v. Schoenborn, No. 14-3465 (8th Cir. 2015)
Annotate this CaseSchoenborn, age 25 Howard, age 21, and Stillday, age 19, sat in a car, drinking Schoenborn’s vodka. When Stately arrived, Stillday needed help walking. Later Stillday “blacked out” and urinated on herself. The four went to Howard’s house and carried Stillday to a loveseat in the living room. Schoenborn vomited and went to sleep on the couch. Howard and Stately went to bedrooms. Later, Howard heard noises and investigated. She saw Schoenborn on top of Stillday “grinding on her body.” Stillday’s leg was out of her pants; her shirt and bra were pushed up. She remained unconscious. Howard yelled. Schoenborn yelled “She let me,” and ran out. A police sergeant arrived at 2:00 a.m., and found Stillday still undressed. He could not wake her. Stillday was transported to a hospital, unconscious. Stillday had no recollection of events after passing out in Howard’s car. She testified that she never gave Schoenborn any indication that she wanted to have sexual relations. Schoenborn first claimed that he had been home all night, but later changed his story. Convicted of sexual abuse of an incapacitated person (18 U.S.C. 1151, 1153(a), and 2242(2)B0, he was sentenced to 84 months’ imprisonment. The Eighth Circuit affirmed, rejecting challenges to the sufficiency of the evidence and the “vulnerable victim” enhancement used in calculating his guidelines range.
Court Description: Kelly, Author, with Loken and Bye, Circuit Judges] Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for sexual abuse of an incapacitated person; no error in applying the vulnerable victim enhancement under Guidelines Sec. 3A1.1(b)(1). [ July 17, 2015
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