United States v. Eugene White Quills, Jr.

MEMORANDUM

Eugene Thomas White Quills, Jr., appeals his conviction of aggravated sexual abuse in violation of 18 U.S.C. §§ 2241 (a) and 1158(a) (the Major Crimes Act). White Quills argues first that the district court abused its discretion in admitting the testimony of two witnesses who told the jury that White Quills’s victim, K.J.A., identified White Quills as her rapist between one and two hours after the rape. Second, he contends that the district court erred in refusing to instruct the jury on sexual abuse under 18 U.S.C. § 2242 (2) in addition to aggravated sexual abuse under 18 U.S.C. § 2241 (a). Finally, White Quills argues that the Government failed to provide sufficient evidence that his tribe — the Blackfeet — is federally recognized (federal recognition being a prerequisite to a conviction under the Major Crimes Act). We have jurisdiction, 28 U.S.C. § 1291 , and for the following reasons, we affirm.

1.Two witnesses testified that K.J.A. identified White Quills as her rapist between one and two hours after the rape, and shortly after a lengthy period of uncontrolled weeping. The district court admitted the witnesses’ testimony pursuant to the excited utterance…