United States v. Anthony Fast Horse
Court of Appeals for the Eighth Circuit
1Opinion of the Court
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”) § 3Al.l(b)(l) (2012). The government must prove beyond a reasonable doubt Fast Horse’s knowledge that his victim lacked the capacity to consent to sexual conduct. See…
2Cases cited13 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Henderson v. United StatesSupreme Court of the United States · 2013
- United States v. Darwin G. RiceCourt of Appeals for the Eighth Circuit · 2006
- United States v. George A. Webster, Jr.Court of Appeals for the Eighth Circuit · 1996
- United States v. PoitraCourt of Appeals for the Eighth Circuit · 2011
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