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U.S. v. ROUILLARD

No. 11-3039.

701 F.3d 861 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Larry ROUILLARD, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 13, 2012.

Attorney(s) appearing for the Case

Karen Marie Shanahan , FPD, argued and on the brief, Omaha, NE, for appellant.

Douglas Richard Semisch , AUSA, argued and on the brief, Omaha, NE, for appellee.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Larry Rouillard was convicted of knowingly engaging in a sexual act with Marsha Chapman Reyes when she was incapable of appraising the nature of the conduct and physically incapable of declining participation in that sexual act, in violation of 18 U.S.C. § 2242(2) and 18 U.S.C. § 1153. Rouillard appeals his conviction, arguing the district court erred in refusing to give two of Rouillard's proposed jury instructions and that there...

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