United States v. Daniel Rivera
Opinion
Opinion
Huff, J.
Daniel Rivera appeals his jury conviction for aggravated sexual abuse of a fifteen-year old girl and for being a felon in possession of a firearm. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
BACKGROUND
Daniel Rivera, a 45-year-old member of the Crow Tribe of Indians, lived in Pryor, Montana, within the Crow Indian Reservation. In the early morning hours of May 27, 1993, a 15-year-old Crow Indian girl, “Natasha”, went to Rivera’s house with her boyfriend, Ronald Roundface. Natasha had never before met Rivera, who lived in the home with Roundface’s sister.
Soon after arriving at Rivera’s home, Natasha asked Roundface to give her a ride home. However, because Roundface was too intoxicated to drive, he told her to wait until morning. Roundface then passed out on the couch and Natasha went to sleep as well.
Around 6:00 a.m., Natasha tried, without success, to awaken Roundface to take her home. Rivera offered to drive Natasha to her home, a distance of approximately two miles. Natasha agreed and got into a pickup truck with Rivera. Rivera began driving toward Natasha’s house. It is at this point that their stories diverge.