United States v. Kalolo Nathaniel Iu

Summary

Eighth Circuit affirmed sexual abuse and attempted witness tampering convictions. Sufficient evidence supported sexual abuse conviction where victim testified she feared further physical abuse and defendant knew of her fear, distinguishing *United States v. Fool Bear*. Prior consistent statements were properly admitted under Fed. R. Evid. 801(d)(1)(B) to rebut fabrication claim. No fatal variance occurred where post-indictment communications were introduced as consciousness of guilt, not substantive evidence of the charged offense.

Holdings

1. The evidence was sufficient to support the conviction because the jury could infer that Iu knowingly placed Bad Hand in fear of further physical abuse, causing her to engage in a sexual act.
2. The evidence was sufficient to support the conviction because the jury could infer that Iu knowingly attempted to persuade Bad Hand to lie to investigators, not merely to tell the truth.
3. The district court did not abuse its discretion in admitting the FBI Special Agent's testimony of Bad Hand's prior consistent statement because it was admissible under Fed. R. Evid. 801(d)(1)(B) to rebut the defense theory of recent fabrication.
4. No variance warranting reversal occurred because the later communications were not offered as substantive evidence of guilt but as evidence of consciousness of guilt, and the indictment fully apprised Iu of the charges.

Questions Presented

1. Whether sufficient evidence supported the sexual abuse conviction under 18 U.S.C. § 2242(1).
2. Whether sufficient evidence supported the attempted witness tampering conviction under 18 U.S.C. § 1512(b)(1).
3. Whether the district court erred in admitting hearsay testimony (prior consistent statements) from an FBI Special Agent, a responding officer, and a third party.
4. Whether a fatal variance occurred between the indictment and the evidence at trial regarding the witness tampering charge.

Disposition

affirmed