United States v. Harold Voice, 200 F.3d 584 (8th Cir. 2000). · Go Syfert
United States v. Harold Voice, 200 F.3d 584 (8th Cir. 2000). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: United States v. Ronald Gene Kenyon (ca8, 2007-04-09)
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Ronald Gene Kenyon
8th Cir. · 2007 · confidence medium
United States v. Voice, 200 F.3d 584, 585 (8th Cir. 2000) (per curiam).
discussed Cited as authority (rule) United States v. Ronald Gene Kenyon, Also Known as Ronald G. Bingen (2×)
8th Cir. · 2007 · confidence medium
United States v. Voice, 200 F.3d 584, 585 (8th Cir.2000) (per curiam).
cited Cited as authority (rule) United States v. Darrell Lee Miller
8th Cir. · 2002 · confidence medium
United States v. Voice, 200 F.3d 584, 585 (8th Cir. 2000).
cited Cited as authority (rule) United States v. Darrell Lee Miller
8th Cir. · 2002 · confidence medium
United States v. Voice, 200 F.3d 584, 585 (8th Cir.2000).
discussed Cited "see" United States v. Keith Wright
8th Cir. · 2008 · signal: see · confidence high
See United States v. Voice, 200 F.3d 584, 585 (8th Cir. 2000) (finding the district court did not clearly err in applying the enhancement, as the evidence “included testimony of the victim’s mother and [the defendant’s] companion that defendant and his companion were supposed to be babysitting the victim when the abusive contact occurred”); cf. United States v. Blue, 255 F.3d 609, 614 (8th Cir. 2001) (finding the district court clearly erred in applying the enhancement when the evidence showed only that the defendant “was in the bathroom, that the child entered the bathroom, and that…
discussed Cited "see" United States v. Wright
8th Cir. · 2008 · signal: see · confidence high
See United States v. Voice, 200 F.3d 584, 585 (8th Cir.2000) (finding the district court did not clearly err in applying the enhancement, as the evidence “included testimony of the victim’s mother and [the defendant’s] companion that defendant and his companion were supposed to be babysitting the victim when the abu *847 sive contact occurred”); cf. United States v. Blue, 255 F.3d 609, 614 (8th Cir.2001) (finding the district court clearly erred in applying the enhancement when the evidence showed only that the defendant “was in the bathroom, that the child entered the bathroom, and …
cited Cited "see" United States v. Ronald Neiss
8th Cir. · 2003 · signal: see · confidence high
See United States v. Voice, 200 F.3d 584, 585 (8th Cir.2000) (per curiam); United States v. Crow, 148 F.3d 1048, 1050 (8th Cir.1998); United States v. Plenty Arrows, 946 F.2d 62, 67 (8th Cir.1991).
discussed Cited "see, e.g." United States v. James Merle Blue
8th Cir. · 2001 · signal: see also · confidence medium
See also United States v. Voice, 200 F.3d 584, 585 (8th Cir. 2000) (per curiam) (noting defendant is in custodial position when record included testimony by victim's mother that defendant and his companion were supposed to be -9- babysitting the victim when the abusive contact occurred); United States v. Chasenah, 23 F.3d 337, 338-39 (10th Cir. 1994) (applying two-level enhancement where court found evidence that it was "the practice of the family" that responsibility for supervising the child fell on any adult in the home while the parents were absent coupled with the fact that the victim was…
discussed Cited "see, e.g." United States v. James Merle Blue, Sr.
8th Cir. · 2001 · signal: see also · confidence medium
See also United States v. Voice, 200 F.3d 584, 585 (8th Cir.2000) (per curiam) (noting defendant is in custodial position when record included testimony by victim’s mother that defendant and his companion were supposed to be babysit *615 ting the victim when the abusive contact occurred); United States v. Chasenah, 23 F.3d 337, 338-39 (10th Cir.1994) (applying two-level enhancement where court found evidence that it was “the practice of the family” that responsibility for supervising the child fell on any adult in the home while the parents were absent coupled with the fact that the vict…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Harold VOICE, Appellant
98-4017.
Court of Appeals for the Eighth Circuit.
Jan 24, 2000.
200 F.3d 584
Ted McBride, Asst. U.S. Atty., Rapid City, SD, argued (Mikal Hanson, Asst. U.S. Atty., Pierre, SD, on the brief), for Appellee., Carl F. Haberstick, Huron, SD, argued, for Appellant.
Arnold, Fagg, Hansen.
Cited by 10 opinions  |  Published
PER CURIAM.

A jury found Harold Voice guilty of two counts of abusive sexual contact, in violation of 18 U.S.C. §§ 2244(a)(1) and 2246(3), and the district court [1] sentenced him to concurrent terms of 73 months imprisonment and three years supervised release. For reversal, Voice contests the sufficiency of the evidence and the application of a two-level enhancement under U.S. Sentencing Guidelines Manual § 2A3.4(b)(3). We affirm.

Viewing the evidence in the light most favorable to the government, we conclude a rational trier of fact could have found the victim’s testimony, as corroborated by her brother, established the essential elements of the crime beyond a reasonable doubt: the testimony shows Voice approached the victim while he was alone with her and touched her in the vaginal and anal areas. See United States v. Crow, 148 F.3d 1048, 1050 (8th Cir.1998) (standard of review); United States v. Plenty Arrows, 946 F.2d 62, 67 (8th Cir. 1991) (concerning definition of abusive sexual contact).

As to the sentencing issue, we find no clear error in the district court’s determination that the evidence — which included testimony of the victim’s mother and Voice’s companion that defendant and his companion were supposed to be babysitting the victim when the abusive contact occurred — supported a two-level enhancement to Voice’s offense level because the victim was in his custody, care, or supervisory control. See U.S. Sentencing Guidelines Manual § 2A3.4(b)(3) & comment, (n. 3); United States v. Merritt, 982 F.2d 305, 307 (8th Cir.1992) (standard of review), cert. denied, 508 U.S. 979, 113 S.Ct. 2980, 125 L.Ed.2d 677 (1993); United States v. Chasenah, 23 F.3d 337, 339 (10th Cir.1994) (in applying § 2A3.4(b)(3), “it makes no difference that another person shares responsibility with the defendant for the care of the victim”); United States v. Castro-Romero, 964 F.2d 942, 944 (9th Cir.1992) (per curiam) (noting defendant is in custodial position when he is trusted by victim, or is person to whom victim is entrusted).

Accordingly, we affirm the judgment of the district court.

1

. The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota,