United States v. Harvey M. Renville

JOHN R. GIBSON, Circuit Judge.

Harvey Renville was convicted by a jury of two counts of sexual abuse of his eleven year old stepdaughter under 18 U.S.C. §§ 13, 1152 (1982), and S.D. Codified Laws Ann. § 22-22-1(5) (1979 & Supp.1983) (amended 1984). Renville raises three contentions on appeal: first, that the acts for which he was convicted, one act each of cunnilingus and anal intercourse with his stepdaughter, are penalized by federal law, 18 U.S.C. § 1153 (1982) (amended 1984), and therefore the Assimilated Crimes Act, 18 U.S.C. § 13, which incorporates the South Dakota rape statute…