No. 06-2340.

474 F.3d 503 (2007)

UNITED STATES, Appellee, v. Duane Collins THUNDERSHIELD, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 22, 2007.

Attorney(s) appearing for the Case

Gargy G. Colbath, argued, Assistant Federal Public Defender, Rapid City, South Dakota (Jeffrey L. Viken, on the brief), for appellant.

Mara M. Kohn, argued, Assistant U.S. Attorney, Rapid City, South Dakota (Marty J. Jackley, on the brief), for appellee.

Before LOKEN, Chief Judge, MELLOY, Circuit Judge, and SCHILTZ, District Judge.

SCHILTZ, District Judge.

Duane Collins Thundershield, Jr. ("Thundershield") was convicted by a jury of one count of sexual abuse of a person "incapable of appraising the nature of the conduct; or . . . physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act[.]" 18 U.S.C. § 2242(2) (2000) (amended 2006). The district court2 sentenced Thundershield to a term of 151 months in prison...

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