US v. Carey, No. 08-60961 - U.S. Fifth Circuit
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US v. Carey, No. 08-60961

Defendant's aggravated sexual abuse of a minor conviction and sentence are affirmed where: 1) the admissibility of testimony accompanied by a Fed. R. Evid. 612 refreshment did not depend upon the source of the writing, the identity of the writing's author, or the truth of the writing's contents; 2) a victim-witness's youth and nervousness could satisfy Rule 611's necessity requirement; and 3) defendant's sentence was not procedurally unreasonable because the district court examined the 18 U.S.C. section 3553 factors.

Read US v. Carey, No. 08-60961

Appellate Information

Filed November 25, 2009

Judges

Opinion by Judge Elrod