U.S. v. JOHN

No. 01-60721.

309 F.3d 298 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Mike JOHN, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 7, 2002.


Attorney(s) appearing for the Case

Jack Brooks Lacy, Jr., Asst. U.S. Atty. (argued), Jackson, MS, for Plaintiff-Appellee.

Julie Ann Epps (argued), Jackson, MS, for Defendant-Appellant.

Before SMITH and BENAVIDES, Circuit Judges, and ENGELHARDT, District Judge.


JERRY E. SMITH, Circuit Judge:

Mike John, Jr., appeals his conviction on two counts of sexual contact with a minor under the age of twelve. Concluding that the district court committed reversible error by failing to instruct the jury that it could consider evidence of John's good character, we reverse and remand.

I.

John, a Choctaw Indian, was alleged to have engaged in sexual contact with his eleven-year-old female foster child on the Choctaw Indian...

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