No. 24-1397 ___________________________

United States of America

Plaintiff - Appellant

v.

Thomas Avery Drum

Defendant - Appellee ____________

Appeal from United States District Court for the District of South Dakota - Northern ____________

Submitted: December 17, 2024 Filed: June 6, 2025 ____________ Before SMITH, GRUENDER, and STRAS, Circuit Judges. ____________ SMITH, Circuit Judge.

A jury convicted Thomas Avery Drum of aggravated sexual abuse of a child under 12, in violation of 18 U.S.C. §§ 1153, 2241(c), 2246(2)(D), and abusive sexual contact of a child, in violation of 18 U.S.C. §§ 1153, 2244(a)(5), 2246(3). Drum moved for acquittal or, alternatively, a new trial. The district court denied Drum’s motion for acquittal bu