Thursday, December 13, 2012

Eighth Circuit -- United States v. James Bruguier

Federal rape statute does not require that the deft know of the victim's incapacitation.

Charging that deft engaged in conduct and then issuing a jury instruction that the deft caused the conduct is not a constructive amendment of the charge.

Sufficient evidence for the unlawful entry element of burglary, given the crawling in the bedroom window late at night.

No error in sentencing bumps.

United States  v.  James Bruguier
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.