United States v. James Bruguier

We have a unique situation here where two opinions, based on similar factual scenarios, filed simultaneously, have set forth directly opposite conclusions on the same issue. The appellant in United States v. Larry Rouillard, 701 F.3d 861 (8th Cir. 2012), contends, as does Bruguier, that section 2242(2) requires the defendant to have knowledge of the victim’s capacity or inability to consent. In my view, the Rouillard panel correctly concluded in the affirmative.

In this case both Bruguier and Crystal were intoxicated from the effects of their boozing. When she awoke, Crystal had no…