United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 03-3114

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United States of America, * 

*

Plaintiff-Appellee, *

* Appeal from the United States

 v. * District Court for the 

* District of North Dakota

William Duran See Walker, also *

known as Billy See Walker, * [UNPUBLISHED]

*

Defendant-Appellant. * 

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Submitted: March 8, 2004

Filed: March 11, 2004 

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Before MURPHY, HEANEY, and SMITH, Circuit Judges.

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PER CURIAM.

William Duran See Walker was charged in a four count superceding indictment

with having sexually abused his girlfriend's eight year old daughter, S.C. The

indictment charged that he (1) knowingly engaged in contact between his penis and

S.C.'s vulva, in violation of 18 U.S.C. §§ 2241(c) and 1153; (2) intentionally touched

S.C.'s genitalia, not through the clothing, in violation of 18 U.S.C. §§ 2241(c) and

1153; (3) intentionally touched S.C.'s genitalia, groin, breast, and buttocks directly

and through the clothing, in violation of 18 U.S.C. §§ 2244(a)(1), 2244(c), and 1153;

and (4) knowingly engaged in contact between his mouth and S.C.'s vulva, in

violation of 18 U.S.C. §§ 2241(c) and 1153. A jury found See Walker guilty on
1

The Honorable Daniel L. Hovland, United States District Judge for the District

of North Dakota.

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counts two and three, but acquitted him on counts one and four. The district court1

sentenced him to 360 months. 

See Walker appeals his conviction on count two, arguing that the government

presented insufficient evidence for a reasonable jury to conclude that he had engaged

in direct contact with S.C.'s genitalia. In reviewing the sufficiency of the evidence,

we view the evidence in the light most favorable to the jury's verdict, giving it the

benefit of all reasonable inferences. United States v. Oleson, 310 F.3d 1085, 1088

(8th Cir. 2002). A jury's verdict will be reversed only where no reasonable jury

could have found the defendant guilty beyond a reasonable doubt. Id. 

The victim testified that starting in the late summer of 2002 See Walker gave

her "bad touches" on multiple occasions. With the aid of anatomical diagrams, S.C.

testified that See Walker touched her breasts with his hands and her vaginal area with

his mouth and penis. She testified that See Walker's penis had touched the inside of

her "private" and that it "[h]urt really bad." Although a physical examination of the

child some months after these events turned up no indications of sexual abuse, expert

testimony established that the pain claimed by the victim would be consistent with

pain caused by a penis pressing against, but not rupturing, the hymen of an eight year

old girl. The jury also properly received evidence that See Walker had been

convicted in 1998 of touching the vulva of a four year old girl with his mouth. 

After reviewing the record, we conclude that a jury could reasonably infer from

S.C's testimony and the other evidence presented at trial that See Walker directly

touched S.C.'s genitalia, in violation of 18 U.S.C. §§ 2241(c) and 1153. Accordingly,

the judgment of the district court is affirmed. 

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