United States v. James Bruguier

RILEY, Chief Judge,

with whom

BRIGHT, Circuit Judge, joins, concurring.

Although the circumstances for the victim are tragic and evoke sympathy, I must follow the law. Thus, I concur completely in the court’s opinion. I write separately to emphasize my view that the statute is not ambiguous, and, to the extent it is relevant, the legislative history decisively demonstrates the government was required to prove Bruguier knew the victim was “(A) incapable of appraising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in,…