United States v. Basil Doney, Jr.

MEMORANDUM

Basil Doney, Jr., appeals his conviction for two counts of aggravated sexual abuse, 18 U.S.C. §§ 1153 (a), 2241(a), as 'well as the trial court’s denial of his motion for a bill of particulars. We affirm.

1. We are obligated to affirm Doney’s conviction if “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 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). The only element Doney challenges is whether he “knowingly cause[d] another person to engage in a sexual act ... by using force against that other person.” 18 U.S.C. §■ 2241(a)(1); see also id. § 2246(2)(A) (defining “sexual act”). L.G.B. testified that during the middle of the night Doney came into the room in which she was sleeping, woke her, and forcibly “put his'penis inside of [her] vagina.” O.G. testified to the same conduct. Doney denied it ever happened. The trial judge found both victims credible.

We recognize that neither victim could state with precision the date of the separate attacks, as they occurred years earlier when the victims were just twelve or thirteen years old. But the trial court gave adequate…