US v. Espinosa, No. 08-3354

Defendant's sexual assault conviction is affirmed in part where: 1) the district court clearly and promptly admonished the jury to disregard that part of an expert's testimony that could be construed as having invaded the province of the jury; and 2) there was no hearsay issue because the district court did not allow the witnesses to repeat the content of what the victim had said.  However, defendant's conviction is reversed in part where insufficient evidence existed as to the victim's age at the time of the offense conduct.

Read US v. Espinosa, No. 08-3354

Appellate Information

Submitted: June 11, 2009

Filed: October 26, 2009

Judges

Opinion by Judge Smith