United States v. Oakie, No. 20-1118 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's 96-month sentence after a jury found him guilty of three counts of abusive sexual contact of a child. The court concluded that any evidentiary error in admitting defendant's prior sexual assault accusation against defendant was harmless because it had little to no influence on the verdict. The court also concluded that the district court did not make a mistake by treating the prior abuse as part of "a pattern of activity involving prohibited sexual conduct" under USSG 4B1.5(b). Furthermore, the district court could consider it once it found, by a preponderance of the evidence, that the prior prohibited conduct occurred, regardless of whether it "resulted in a conviction." Finally, the district court did not rely on a "clearly erroneous fact."
Court Description: [Per Curiam - Before Shepherd, Stras, and Kobes, Circuit Judges] Criminal case - Criminal law and sentencing. In this prosecution for abusive sexual contact with a child, where the government introduced evidence of a prior sexual assault accusation against the defendant, the district court did not err in refusing to admit evidence that defendant had been acquitted of the charge as the evidence of acquittal was irrelevant, violated the hearsay rule and was not admissible as impeachment evidence; nor did the court err at sentencing int treating the prior abuse incident as part of a pattern of activity involving prohibited sexual conduct for purposes of Guidelines Sec. 4B1.5(b); the court could consider the incident once it found that it had been established by a preponderance of the evidence.
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