U.S. v. TYNDALL

No. 07-2131.

521 F.3d 877 (2008)

UNITED STATES of America, Appellee, v. Harley TYNDALL, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2008.


Attorney(s) appearing for the Case

Denise Ellen Frost, argued, Omaha, NE, for appellant.

Robert Francis Cryne, AUSA, argued, Douglas R. Semisch, AUSA, on the brief, Omaha, NE, for appellee.

Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.


WOLLMAN, Circuit Judge.

Harley Tyndall was convicted by a jury of sexual abuse of a minor in violation of 18 U.S.C. § 2243(a). He was acquitted of engaging or attempting to engage in a sexual act with a person who was physically incapable of consenting in violation of 18 U.S.C. § 2242(2). He was sentenced to 120 months' imprisonment and now appeals, contending that the district court1 erred in denying his motions for acquittal...

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