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United States v. Eric Littlecalf
699 F. App'x 624
| 9th Cir. | 2017
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Docket

*1 Before: McKEOWN and GOULD, Circuit Judges, and FOOTE, [***] District Judge.

Eric Littlecalf appeals his convictions for assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 113(a)(6), 1153(a), and 3559(f)(3), and felony *2 child abuse, in violation of 18 U.S.C. § 1153(b) and Montana Code Annotated § 45-5-212(1) and (2). The convictions stem from injuries suffered by K.L., his eight-month-old son. Littlecalf contends there was insufficient evidence to sustain the convictions. We affirm.

There is sufficient evidence to support a conviction if, after considering the evidence in the light most favorable to the prosecution, “ any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia , 443 U.S. 307, 319 (1979).

Evidence at trial established that K.L. suffered a skull fracture and subdural hematoma. The government presented evidence that Littlecalf admitted to striking K.L. and that K.L.’s injuries were consistent with Littlecalf’s admission. One of K.L.’s treating physicians testified that K.L.’s injuries involved the protracted loss or impairment of the function of a body member, organ, or mental faculty, and two of K.L.’s treating physicians testified that his injuries involved extreme physical pain.

Accordingly, there was sufficient evidence for a rational jury to convict Littlecalf.

AFFIRMED.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

[***] The Honorable Elizabeth E. Foote, United States District Judge for the Western District of Louisiana, sitting by designation.

Case Details

Case Name: United States v. Eric Littlecalf
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 12, 2017
Citation: 699 F. App'x 624
Docket Number: 16-30196
Court Abbreviation: 9th Cir.
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