U.S. v. GABE

No. 99-2567.

237 F.3d 954 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Wilbur GABE, also known as Charles Gabe, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 26, 2001.


Attorney(s) appearing for the Case

Scott T. Kuck, argued, Aberdeen, SD, for appellant.

Mikal G. Hanson, Asst. U.S. Atty., argued, Pierre, SD, for appellee.

Before McMILLIAN, BOWMAN, and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

Wilbur Gabe appeals his conviction for three sexual offenses committed against his adopted daughter in Indian country: one count of abusive sexual contact with a child under the age of twelve, and two counts of aggravated sexual abuse. See 18 U.S.C. §§ 1153, 2241(a)(1) and (c), 2244(a)(1), and 2246(2). On appeal, Gabe challenges the admission of the victim's statement to an examining physician identifying Gabe as her abuser,...

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