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U.S. v. HORSE

No. 13-1348.

747 F.3d 1040 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Anthony Fast HORSE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 7, 2014.

Attorney(s) appearing for the Case

Neil Fulton , FPD, argued, Pierre, SD ( Edward Albright , AFPD, on the brief), for appellant.

Kevin Koliner , AUSA, argued, Sioux Falls, SD ( Marie H. Ruettgers , AUSA, on the brief), for appellee.

Before RILEY, Chief Judge, COLLOTON and KELLY, Circuit Judges.

KELLY, Circuit Judge.

Anthony Fast Horse appeals his conviction for one count of criminal sexual conduct in violation of 18 U.S.C. §§ 1153, 2242(2), 2246(2)(A). In addition to several evidentiary arguments, Fast Horse argues on appeal that the mens rea jury instruction denied him a legal defense. He also appeals the application of the vulnerable victim sentence enhancement pursuant to U.S. Sentencing Guidelines Manual ("USSG") § 3A1.1(b)(1) (2012)....

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