United States v. Grey Bear
United States v. Grey Bear
Opinion of the Court
MEMORANDUM
The district court did not abuse its discretion when it denied Grey Bear’s motion in limine to exclude the introduction of DNA evidence. Potential problems with the DNA extraction process go to the weight of the DNA evidence, not its admissibility. See United States v. Chischilly, 30 F.3d 1144,1153 (9th Cir. 1994).
The district court did not err in denying Grey Bear’s motion for acquittal pursuant
The district court’s determination that Grey Bear used force as defined in 18 U.S.C. § 2241(a)(1) and its application of the cross reference in U.S.S.C. § 2A3.2(c)(1) when sentencing Grey Bear was not erroneous. Grey Bear used physical force sufficient to restrain his victim such that she could not escape the sexual contact. See United States v. Archdale, 229 F.3d 861, 868 (9th Cir. 2000).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Oral GREY BEAR, Jr., Defendant—Appellant
- Cited By
- 1 case
- Status
- Published