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UNITED STATES v. WHITTED

No. 92-1181SD.

11 F.3d 782 (1993)

UNITED STATES of America, Appellee, v. James T. WHITTED, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1993.

Attorney(s) appearing for the Case

Michael C. Abourezk, Gregory, SD, argued for appellant.

Michelle G. Tapken, Sioux Falls, SD, argued (Kevin V. Schieffer and Michelle G. Tapken on the brief), for appellee.

Before FAGG, Circuit Judge, LAY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

FAGG, Circuit Judge.

James T. Whitted, an American Indian, appeals his jury convictions for three counts of aggravated sexual abuse of a child, 18 U.S.C. §§ 1153(a), 2241(c) (Supp. IV 1986), one count of sexual abuse of a minor or ward, id. §§ 1153(a), 2243, and two counts of incest, id. § 1153(b), S.D.Codified Laws Ann. § 22-22-1(6) (Supp.1992). By admitting a doctor's diagnosis that the alleged victim, Whitted's daughter...

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