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United States v. Espinosa

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Submitted: June 11, 2009

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

A jury convicted Joseph E. Espinosa Sr. of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153, 2241(a)(1), 2241(c), and 2246(2)(A) (“Count IV”), and abusive sexual contact, in violation of §§ 1153, 2244(a)(1), and 2246(3) (“Count VII”).*fn1 The district court sentenced Espinosa to 30 years’ imprisonment on the aggravated sexual abuse conviction and 20 years’ imprisonment on the abusive sexual contact conviction, with the sentences to run concurrently. The court also sentenced Espinosa to five years of supervised release on each count, with the sentences to run concurrently. On appeal, Espinosa argues that (1) the evidence was insufficient to support his conviction; (2) an expert witness improperly bolstered another witness’s credibility; and (3) inadmissible hearsay was improperly admitted. We now affirm Espinosa’s conviction on Count IV and reverse his conviction on Count VII because insufficient evidence exists as to the victim’s age at the time of the offense conduct.

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