U.S. v. DEMARCE

No. 08-2026.

564 F.3d 989 (2009)

UNITED STATES of America, Appellee, v. Joseph DeMARCE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 30, 2009.


Attorney(s) appearing for the Case

Christopher J. Lancaster, AFPD, argued, Fargo, ND, for appellant.

Janice Mae Morley, AUSA, argued, Fargo, ND, for appellee.

Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.


BENTON, Circuit Judge.

A jury convicted Joseph C. DeMarce of attempted aggravated sexual abuse and attempted sexual abuse of a minor, 18 U.S.C. § 2241(a), (c). The district court imposed a sentence of 360 months, the statutory minimum under the Adam Walsh Child Protection and Safety Act of 2006. DeMarce appeals, alleging trial and sentencing error. Jurisdiction being proper under 28 U.S.C. § 1291 and 18 U.S.C. ...

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