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Description: Muskogee, Oklahoma criminal law lawyer represented defendant charged with five counts of Aggravated Sexual Abuse in Indian Country.

The jury trial began with testimony on Tuesday, August 2, 2022, and concluded on Friday, August 5, 2022, with the guilty verdicts.

During the trial, the United States presented evidence that between January of 2020 and February of 2021, Aaron Richard Eubanks engaged in sexual acts with a minor victim, who had not reached 10 years of age, on at least five occasions. Further, the United States presented evidence that in February of 2021, Aaron Richard Eubanks engaged in sexual acts with a second minor victim, who had not reached the age of 11 at the time of the abuse.

The guilty verdicts were the result of an investigation by the Cherokee County Sheriff’s Office and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Adair and Cherokee Counties, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Eubanks was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Caila M. Cleary and Anthony C. Marek represented the United States.

18:2241(c), 2246(2)(A), 1151 & 1153 - Aggravated Sexual Abuse in Indian Country
(1)

Outcome: 08/01/2022 154 Second Amended WITNESS LIST as to Aaron Richard Eubanks (Brown, Joseph) (Entered: 08/01/2022)
08/01/2022 155 ORDER by Judge Charles B. Goodwin denying 122 Sealed Motion and granting 125 Motion to Quash as to Aaron Richard Eubanks (1). The subpoena served on Tahlequah Pediatrics by Defendant is QUASHED. (Buckle, Jacob) (Entered: 08/01/2022)
08/01/2022 156 ORDER by Judge Charles B. Goodwin as to Aaron Richard Eubanks. Defendant's objection to the Government's proffered Rule 413 evidence is SUSTAINED. At the June 14, 2022 hearing, Defendant stated that he did not have any per se objection to the Asserted Res Gestae Evidence outlined in the Government's Notice, and stated that Defendant may raise relevance objections during trial if appropriate based on the evidence and testimony presented. Based on this representation, any objection contained in Defendant's Response (Doc. No. 68 ) is OVERRULED at this stage. (Buckle, Jacob) (Entered: 08/01/2022)
08/01/2022 157 WITNESS LIST by USA as to Aaron Richard Eubanks (Cleary, Caila) (Entered: 08/01/2022)
08/01/2022 159 MINUTES of Proceedings - held before Judge Charles B. Goodwin: Pretrial Conference held on 8/1/2022 as to Aaron Richard Eubanks (Court Reporter: Tracy Thompson) (Buckle, Jacob) (Entered: 08/01/2022)

Plaintiff's Experts:

Defendant's Experts:

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