X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: June 11, 2009

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

A jury convicted Joseph E. Espinosa Sr. of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153, 2241(a)(1), 2241(c), and 2246(2)(A) (“Count IV”), and abusive sexual contact, in violation of §§ 1153, 2244(a)(1), and 2246(3) (“Count VII”).*fn1 The district court sentenced Espinosa to 30 years’ imprisonment on the aggravated sexual abuse conviction and 20 years’ imprisonment on the abusive sexual contact conviction, with the sentences to run concurrently. The court also sentenced Espinosa to five years of supervised release on each count, with the sentences to run concurrently. On appeal, Espinosa argues that (1) the evidence was insufficient to support his conviction; (2) an expert witness improperly bolstered another witness’s credibility; and (3) inadmissible hearsay was improperly admitted. We now affirm Espinosa’s conviction on Count IV and reverse his conviction on Count VII because insufficient evidence exists as to the victim’s age at the time of the offense conduct.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

General Counsel Summit (GCS) 2021

September 07, 2021 - September 08, 2021
Sydney

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Register

Business Development Account Manager For Legal Services To Amlaw 100 Law Firms

Boston, Massachusetts, United States

This is a full time permanent professional consulting sales position for selling legal services to AmLaw100 firms. Minimum of 10 years selli...


Apply Now ›

Corporate Associate-New York- Manhattan

New York, New York, United States

Prestigious mid-size NYC law firm seeks a highly motivated self-starter with four to six years' experience in general corporate, mergers and...


Apply Now ›

PROFESSIONAL LIABILITY LITIGATION ASSOCIATE ATTORNEY-CALIFORNIA

San Francisco, California, United States

With 53 offices and over 1,600 attorneys, Lewis Brisbois is one of the largest and most prestigious law firms in the nation. Our San Francis...


Apply Now ›

FLB LAW

08/02/2021
Connecticut Law Tribune


View Announcement ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

07/27/2021
TLI Web

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.


View Announcement ›

HARWOOD LLOYD, LLC

07/26/2021
NJLJ Web

HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.


View Announcement ›