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 court
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