United States v. James Merle Blue, Sr.
Court of Appeals for the Eighth Circuit
1Per curiam
James Merle Blue, Sr. appeals his conviction and sentence for sexually abusing a twenty-one-month-old child in Indian country in violation of 18 U.S.C. §§ 1153, 2241(c), and 2246(2)(B). For reversal, Blue argues that the evidence was insufficient to support the jury’s verdict finding him guilty; that the district court erred in applying an enhancement for using force; and that the district court erred in applying an enhancement based upon the victim’s presence in his “care, custody or control at the time of the offense.” We affirm in part, but vacate the sentence in part and remand for…
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