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U.S. v. AMOS

Nos. 91-1338, 91-1525.

952 F.2d 992 (1991)

UNITED STATES of America, Appellee, v. David Allan AMOS, Appellant. UNITED STATES of America, Appellant, v. David Allan AMOS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 24, 1991.

Attorney(s) appearing for the Case

Curt Ewinger, Aberdeen, S.D., argued, for appellant.

Philip Hogen, Asst. U.S. Atty., Sioux Falls, S.D., argued, for appellee.

Before McMILLIAN, FAGG and BOWMAN, Circuit Judges.

FAGG, Circuit Judge.

David Allan Amos appeals his conviction for aggravated sexual abuse by force in violation of 18 U.S.C. § 2241(a)(1). The Government appeals Amos's sentence. We affirm Amos's conviction, but remand for resentencing consistent with this opinion.

At his trial, Amos requested the district court to instruct the jury on sexual abuse, 18 U.S.C. § 2242(1), and sexual abuse of a minor, 18 U.S...

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