Defendant was convicted of domestic assault by a habitual offender and of witness tampering. On appeal, defendant argued that the government failed to present evidence sufficient to prove each element of both offenses.
Where the victim’s injuries could allow a reasonable jury to find that defendant did or intended to cause bodily harm and where defendant expressly asked the victim not to appear at trial, the government presented sufficient evidence to convict defendant on both counts.
Judgment is affirmed.
U.S. v. Oka (MLW No. 73694/Case No. 18-2315 – 7 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Lange, J.