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2024 Supreme(US)(ca8) 61

COURT OF APPEALS FOR THE EIGHTH CIRCUIT
United States – Appellant
Versus
Descart Begay Jr. – Respondent



No. 23-1830 ___________________________

United States of America

Plaintiff - Appellee

v.

Descart Austin Begay, Jr.

Defendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: April 10, 2024 Filed: September 10, 2024 ____________ Before BENTON, GRASZ, and STRAS, Circuit Judges. ____________ STRAS, Circuit Judge.

A jury found Descart Begay, Jr., guilty of both sexual abuse and aggravated sexual abuse. See 18 U.S.C. §§ 2241(a)(1), 2242(1). Although he challenges the evidence the jury heard and the sentence he received, we affirm. I.

S.S. had not heard from Begay, a former coworker, in over a decade. Yet one day she received a Facebook message trying to strike up a conversation. The discussion quickly fizzled out, so it was a surprise when he showed up later that afternoon at her home on the Red Lake reservation in northern Minnesota. The two chatted for a while before heading inside, where they began looking at her artwork. The subject of painting with an airbrush came up, so he went home to grab one.

When he returned, the situation took a turn for the worse. With S.S.’s son playing video games in the living room, Begay began rubbing her arm in the hallway. She said no, but he would not stop. He said that he had “wanted this since [he] was 21 years old,” shoved her into the bedroom, and raped her.

At some point, her son called out. It distracted Begay long enough for S.S. to scramble out to the living room, where she managed to grab her son and get to the front door. But as she tried to leave, Begay caught up with her and slammed it shut. Although S.S. cried out and pleaded with him to stop, he began sexually assaulting her again.

This time, S.S. managed to break free completely and drive away with her son. When she arrived at her mother’s house, she spent a few minutes outside sobbing near her father’s grave. Once she mustered the courage to go inside, she revealed to her mother why she was so upset: Begay had raped her.

While driving back home several hours later, she spotted Begay, who began following her on his bicycle. Shortly after she arrived home, he began pounding on the front door. In response, she locked herself in a room, called her estranged husband to tell him that Begay had raped her, and contacted the police.

When officers arrived, they saw Begay “duck and dive” in an attempt to hide. Then he tried to leave on his bicycle, but he did not get far before they arrested him. -2- Following a five-day trial, a jury found him guilty of two counts each of sexual abuse, see 18 U.S.C. §§ 2242(1), 1151, 1153(a), and aggravated sexual abuse, see id. §§ 2241(a)(1), 1151, 1153(a). The district court1 sentenced him to 200 months in prison.

II.

Begay first challenges what happened at trial. He argues that the jury heard too much from the government and too little from him. We review evidentiary rulings “for an abuse of discretion, keeping in mind that we will reverse only if an error affected the defendant’s substantial rights or had more than a slight influence on the verdict.” United States v. Streb, 36 F.4th 782, 788 (8th Cir. 2022) (citations omitted).

A.

During redirect examination, S.S. testified that she told others that Begay had raped her. The general rule is that a witness’s prior cons

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