United States v. James Bruguier

MURPHY, Circuit Judge,

with whom

BYE, COLLOTON, GRUENDER, and BENTON, Circuit Judges, join, concurring in part and dissenting in part.

From the time of the enactment of 18 U.S.C. § 2242(2) in 1986, until and after the panel opinion in United States v. Rouillard, 701 F.3d 861 (8th Cir.2012), our court has consistently accepted jury instructions which required proof both that the defendant knowingly engaged in a sexual act and that the victim was an incapacitated person. When this case was in the district court, Judge Karen Schreier heard arguments from opposing counsel before deciding to give the…