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U.S. v. EAGLE

No. 97-1657.

133 F.3d 608 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Wallace J. EAGLE, Jr. Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1998.

Rehearing Denied February 4, 1998.

Attorney(s) appearing for the Case

Gregory Charles Magera, Aberdeen, SD, argued, for Defendant-Appellant.

Robert A. Mandel, Assistant U.S. Attorney, Sioux Falls, SD, argued (Gregg S. Peterman, on the brief), for Plaintiff-Appellee.

Before BEAM and FLOYD R. GIBSON, Circuit Judges, and WEBB, Chief District Judge.

WEBB, Chief District Judge.

Wallace J. Eagle, Jr. appeals his jury conviction for aggravated sexual assault, 18 U.S.C. §§ 2241(a)(1), and 1153. Eagle contends (1) there was insufficient evidence to support his conviction, (2) the district court2 erred by admitting the testimony of Dr. Likness concerning an exam of the victim performed three months after the assault, (3) the district court erroneously applied a two point enhancement...

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