United States v. Melvin Ellis Holly

MURPHY, Circuit Judge.

I. Introduction

Melvin Holly was convicted by a jury on fourteen criminal counts, including five counts of felony deprivation of rights under color of law involving aggravated sexual abuse. In the district court’s instruction to the jury on the definition of aggravated sexual abuse, the court informed the jury it need not find actual violence and could infer the requisite degree of force from a disparity in size or coercive power. It further explained the jury could alternatively find the requisite fear element if there was a fear of some bodily harm, which could also be…