United States v. Ferlin K. Dorian

MAGILL, Circuit Judge.

Ferlin Dorian appeals from a jury verdict finding him guilty of assault with intent to commit rape. The victim was Dorian’s five-year-old daughter, Roxanne. For reversal, Dorian argues (1) that the district court1 erred in admitting the hearsay testimony of Roxanne’s foster mother regarding statements Roxanne made about the sexual abuse; and (2) that admission of the hearsay statements violated his sixth amendment right of confrontation. For the reasons discussed below, we affirm.

1. BACKGROUND.

In June of 1985, Ferlin Dorian was living in Rosebud, South Dakota, on the…