Koonce v. United States

WASHINGTON, Chief Judge:

David E. Koonce appeals from his conviction on a single count of first-degree child sexual abuse of his girlfriend’s niece (“S.W.”), whom a jury found he had anally sodomized when she was eight years old. He was indicted on four separate counts of the same charge, under D.C.Code § 22-3008 (2001), 1 but the jury deadlocked on two and acquitted on the fourth, apparently due in part to S.W.’s inconsistent and porous testimony and the lack of concrete physical evidence. On appeal, Koonce contends that: (1) there was insufficient evidence that a “sexual act” occurred as…