Legal Opinion

United States v. Dana Lee Cobenais

Court of Appeals for the Eighth Circuit

Decided August 22, 2017No. 16-3420PublishedCited by 6 opinions

1Opinion of the Court

SMITH, Circuit Judge.

A jury convicted Dana Lee Cobenais of one count of aggravated sexual abuse, in violation of 18 U.S.C. §§1151, 1153(a), 2241(a)(1), 2246(2)(A), and 2246(2)(C). On appeal, Cobenais argues that the theory-of-defense jury instruction mentioning consent inaccurately stated the elements of the offense and the defense theory of the case. He also argues that the district court improperly curtailed his closing argument. We hold that the district court1 neither abused its discretion in giving the consent instruction nor in refusing counsel’s request for additional time to complete…

2Cases cited14 opinions

  1. United States v. Bruce A. Beckman, United States of America v. Thomas KellyCourt of Appeals for the Eighth Circuit · 2000
  2. United States of America v. Wilbur Gabe, Also Known as Charles GabeCourt of Appeals for the Eighth Circuit · 2001
  3. Lester E. Butler v. United StatesCourt of Appeals for the Eighth Circuit · 1963
  4. Sensient Technologies Corp. v. SensoryEffects Flavor Co.Court of Appeals for the Eighth Circuit · 2010
  5. United States v. GillCourt of Appeals for the Eighth Circuit · 2008

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3Cited by6 opinions

  1. Neighbors Rehab. Ctr., LLC v. U.S. Dep't of Health & Human Servs.Court of Appeals for the Seventh Circuit · 2018
  2. Neighbors Rehabilitation Cente v. HHSCourt of Appeals for the Seventh Circuit · 2018
  3. Neighbors Rehabilitation Cente v. HHSCourt of Appeals for the Seventh Circuit · 2018
  4. Neighbors Rehabilitation Cente v. HHSCourt of Appeals for the Seventh Circuit · 2018
  5. United States v. B.J.S.Court of Appeals for the Eighth Circuit · 2025

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