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U.S. v. WALLETTE

No. 11-2215.

686 F.3d 476 (2012)

UNITED STATES of America, Appellee, v. John Fitzgerald WALLETTE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2012.

Attorney(s) appearing for the Case

William D. Schmidt , 1st AFPD, argued, Bismarck, ND, Scott Duncan McGregor , AFPD, on the brief, Rapid City, SD, for appellant.

Gary Lee Delorme , AUSA, argued, Bismarck, ND, for appellee.

Before RILEY, Chief Judge, WOLLMAN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

A jury convicted John Fitzgerald Wallette of one count of aggravated sexual abuse of a child, in violation of 18 U.S.C. §§ 2241(c) and 1153. Wallette moved for a mistrial or, in the alternative, a new trial because one of the defense exhibits disappeared after the trial's conclusion. The district court1 denied Wallette's motion and sentenced him to 360 months' imprisonment, followed by a lifetime of supervised...

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