United States v. Becky Lynn Barrett

FLOYD R. GIBSON, Senior Circuit Judge.

Becky Barrett appeals her convictions for assault with a dangerous weapon and assault resulting in serious bodily injury in violation of 18 U.S.C. § 1153 and 18 U.S.C. §§ 113(c) and (f). We vacate her convictions and remand for further proceedings.

I. BACKGROUND

Barrett’s three-year-old daughter, RLB, told several people at the Red Lake Indian Reservation that Barrett had burned RLB’s legs with a lit cigarette. Carol Cloud, a child protection worker, investigated the child abuse report and interviewed RLB. During the interview, Cloud gave RLB a white pen…