United States v. Harlan, No. 15-1552 (8th Cir. 2016)Annotate this Case
Defendant 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.