U.S. v. MARROWBONE

No. 99-3180.

211 F.3d 452 (2000)

UNITED STATES of America, Appellee, v. Orville MARROWBONE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 27, 2000.


Attorney(s) appearing for the Case

Al J. Arendt, Pierre, South Dakota, argued, for appellant.

John J. Ulrich, Pierre, South Dakota, argued, for appellee.

Before BEAM and JOHN R. GIBSON, Circuit Judges, and PRATT, District Judge.


BEAM, Circuit Judge.

Orville Marrowbone appeals his conviction for having sex with a person who was incapable of declining participation in or communicating an unwillingness to engage in sex. See 18 U.S.C. §§ 1153, 2242(2)(B), 2246(2)(A). We affirm.

Orville Marrowbone had sex with L.D., a sixteen-year-old, on the Cheyenne River Indian Reservation. At trial, L.D. testified that he got drunk on alcohol supplied by Marrowbone, passed out, and...

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