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U.S. v. YELLOW

No. 93-1522.

18 F.3d 1438 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Wayne YELLOW, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 18, 1994.

Attorney(s) appearing for the Case

Jerry Strauss, Minneapolis, MN, argued, for appellant.

Richard Morgan, Asst. U.S. Atty., Minneapolis, MN, argued, for appellee.

Before JOHN R. GIBSON, MAGILL, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Donald Wayne Yellow, a Chippewa Indian, appeals his conviction and sentence for raping his disabled younger brother and his younger sister, in Indian country, in violation of 18 U.S.C. §§ 1153, 2241(a)(1), 2242(2)(B), and 2243(a). Yellow argues that the district court1 (1) violated Fed.R.Evid. 404(b) and 403 when it allowed his brother and sister to testify about prior incidents of sexual abuse; (2) improperly...

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