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United States v. Randy Never Misses a Shot

United States Court of Appeals, Eighth Circuit

March 31, 2015

United States of America, Plaintiff - Appellee
v.
Randy Never Misses A Shot, Defendant - Appellant

Submitted: October 9, 2014.

Page 1018

[Copyrighted Material Omitted]

Page 1019

Appeal from United States District Court for the District of South Dakota - Pierre.

For United States of America, Plaintiff - Appellee: Kevin Koliner, Assistant U.S. Attorney, U.S. Attorney's Office, Sioux Falls, SD; Troy Robert Morley, Assistant U.S. Attorney, U.S. Attorney's Office, District of South Dakota, Pierre, SD.

For Randy Never Misses A Shot, Defendant - Appellant: Edward Albright, Assistant Federal Public Defender, Neil Fulton, Federal Public Defender, Federal Public Defender's Office, Pierre, SD.

Randy Never Misses A Shot, Defendant - Appellant, Pro se, Tucson, AZ.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

OPINION

Page 1020

SMITH, Circuit Judge.

Randy Never Misses a Shot appeals his convictions by a jury before the district court[1] for four counts of sexual abuse perpetrated against minors and one count of such abuse while registered as a sex offender. Never Misses A Shot raises several arguments on appeal to invalidate his convictions. Never Misses A Shot contends that the district court erred by improperly coaching the government's counsel and admitting excess propensity evidence. We affirm.

I. Background

In March 2013, a five-count superceding indictment was filed charging Never Misses A Shot with various sex offenses against minors. Count I and Count III alleged aggravated sexual abuse of a minor in violation of 18 U.S.C. § § 1153, 2241(c), and 2246(2)(A) and (D); Counts II and IV alleged abusive sexual contact of a child in violation of 18 U.S.C. § § 1153, 2244(a)(1) and (5), and 2246(3); Count V alleged abusive sexual contact while registered as a sex offender in violation of 18 U.S.C. § 2260A. Counts I and II relate to the same victim referred to as J.N.M.A.S. Count III relates to a victim referred to as P.S. Count IV relates to a victim referred to as K.I.S. ...


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