United States v. Pershing Dubray

ARNOLD, Circuit Judge.

Pershing Dubray appeals from his conviction for aggravated sexual assault under 18 U.S.C. § 2241. Dubray admits that he committed rape on the Pine Ridge Indian Reservation on March 29, 1987. His only defense at trial was that he was insane at the time of the rape within the meaning of 18 U.S.C. § 17. On appeal, Dubray raises three grounds of error in his trial relating to his affirmative defense of insanity. We find no merit in these grounds, and so we affirm.

On the night of March 28, 1987, Dubray, a nineteen-year-old member of the Oglala Sioux tribe, had been out…