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Tenth Circuit upholds Garrin Michael Thompson's convictions

Garrin Michael Thompson's convictions stay in place after the Tenth Circuit said prosecutors did not have to prove sexual abuse was his main reason for taking his daughter to Texas and that family testimony could establish one element of the case.

A federal appeals court in the Tenth Circuit left Garrin Michael Thompson’s convictions in place after a three-day trial, rejecting his bid for relief. The verdict covered transportation of a minor with intent to engage in criminal sexual activity, aggravated sexual abuse of a minor in Indian Country, and coercion and enticement of a minor.

The case centered on allegations that Thompson sexually abused his ten-year-old daughter in a Texas hotel room. After she told peers what happened, three other people came forward with their own accounts of sexually abusive experiences involving Thompson.

Why the panel said the record was enough

Thompson argued the evidence was too thin on two fronts. He said prosecutors had to show that sex was his dominant purpose in taking his daughter to Texas, and he also attacked the proof tied to the charge of aggravated sexual abuse of a minor in Indian Country.

The court rejected both arguments. For the transportation count, it said the law requires proof that he took the child across state lines with the intent that she engage in unlawful sexual activity, not that sex was his overriding reason for the trip. On the other count, the judges said unchallenged testimony from two family members was enough to show he was a non-Indian.

The narrow review that kept the verdict standing

That mattered because appellate courts do not retry cases. In a sufficiency challenge, judges look at the record in the light most favorable to the government and do not second-guess the jury’s credibility calls.

Under that standard, the panel said the conviction could stand. Thompson’s challenge failed, and the jury’s verdict remains intact.

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