U.S. v. LeCOMPTE

No. 96-1308.

99 F.3d 274 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Leo LeCOMPTE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 1, 1996.


Attorney(s) appearing for the Case

Terry L. Pechota, Onida, SD, argued (Darla Pollman Rogers, on the brief), for Defendant-Appellant.

Mikal Hanson, Assistant U.S. Attorney, Pierre, SD, argued, for Plaintiff-Appellee.

Before BOWMAN, BEAM, and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

Leo LeCompte appeals his conviction and sentence for abusive sexual contact with his eleven-year-old niece in Indian country. See 18 U.S.C. §§ 1153, 2244(a)(1), and 2246(3). We conclude that the district court abused its discretion under Rule 404(b) of the Federal Rules of Evidence by admitting testimony describing LeCompte's prior sexual abuse of another child. Accordingly, we reverse and remand for a new trial.

I....

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