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U.S. v. NO NECK

No. 06-1705.

472 F.3d 1048 (2007)

UNITED STATES of America, Appellee, v. Philip NO NECK, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 10, 2007.

Attorney(s) appearing for the Case

Gary Colbath, Attorney Federal Public Defender, argued, Rapid City, SD (Jeffrey L. Viken, Federal Public Defender, Rapid City, SD, on the brief), for appellant.

Mark Salter, Asst. U.S. Attorney, argued, Sioux Falls, SD (Gregg S. Peterman, Asst. U.S. Attorney, on the brief), for appellee.

Before MELLOY, BEAM, BENTON, Circuit Judges.

BEAM, Circuit Judge.

A jury convicted Philip No Neck of one count of aggravated sexual abuse in violation of 18 U.S.C. §§ 1153, 2241(c), and 2246(2)(A) and three counts of the lesser-included offense of abusive sexual contact in violation of 18 U.S.C. § 2244. These convictions arose from the alleged abuse of his two children. On appeal, No Neck claims (1) there was insufficient evidence supporting the specific charges—namely that the prosecution...

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