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U.S. v. FLUTE

No. 03-1717.

363 F.3d 676 (2004)

UNITED STATES of America, Appellee, v. Gary FLUTE, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 5, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Timothy J. Langley, AFPD, Sioux Falls, SD. Jana Miner, First Assistant FPD, Pierre, SD, filed appellant's brief.

Counsel who presented argument on behalf of the appellee was Mikal G. Hanson, AUSA, Pierre, SD.

Before BYE, HANSEN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Gary Flute, Sr., was charged with sexual abuse, incest, and aggravated sexual abuse of his two minor daughters in a nine-count indictment. After a jury trial, he was convicted on two counts of sexual abuse of A.F., one count of incest with A.F., and two counts of aggravated sexual abuse of Y.F. The jury found Flute not guilty on three other counts, and the district court granted his motion for judgment of acquittal on the remaining count. Flute...

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