United States v. Ronald Stephen Sneezer

Ronald Stephen Sneezer appeals his conviction for attempted sexual abuse in violation of 18 U.S.C. §§ 1153 and 2242. He contends that the district court erred in refusing to give requested jury instructions on the lesser included offense of abusive sexual contact and on the defense of voluntary intoxication.

We affirm the district court’s refusal to instruct the jury on abusive sexual contact, but reverse its decision not to instruct on the defense of voluntary intoxication, and remand for a new trial.

I. Background

Sneezer was indicted for aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 and 2241(a). At his jury trial, the following evidence was presented. Sneezer stopped a seventeen-year-old girl walking along a highway and forced her into his car. After driving a few miles, Sneezer stopped and took his victim to a spot about 150 feet off the highway. There Sneezer threatened her, threw her on the ground, removed most of his clothing and climbed on top of her. He pulled away her clothing, and touched and bit her breast. She managed to escape. There is no question that Sneezer was intoxicated during the incident.

At the close of evidence, the judge instructed the…