Legal Opinion

United States v. MacEo Simmons, Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided November 21, 2006No. 05-60419PublishedCited by 62 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

Convicted of sexual assault under color of law, involving aggravated sexual abuse, in violation of 18 U.S.C. § 242, Maceo Simmons contests primarily the admission both of Government expert-witness testimony concerning sexual-assault victims and of Simmons’ prior state-trial testimony; and the sufficiency of the evidence for his conviction. The Government challenges: the district court’s refusal to impose a two-level enhancement under Guidelines § 2A3.1(b)(3)(A), applicable if the victim was “in the custody, care, or supervisory control of the defendant”;…

2Cases cited49 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. Ashe v. SwensonSupreme Court of the United States · 1970
  5. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005

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3Cited by62 opinions

  1. United States v. MartinCourt of Appeals for the First Circuit · 2008
  2. United States v. KempCourt of Appeals for the Third Circuit · 2007
  3. United States v. Lynn Michael LaVictorCourt of Appeals for the Sixth Circuit · 2017
  4. United States v. MudekunyeCourt of Appeals for the Fifth Circuit · 2011
  5. United States v. SkeltonCourt of Appeals for the Fifth Circuit · 2008

57 more not listed; retrieve them via the Exa API.

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