Cherry Creek Man Sentenced for Abusive Sexual Contact with a Person Incapable of Consenting

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Abusive Sexual Contact with a Person Incapable of Consenting was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.

Andre Marshall, age 30, was sentenced to 36 months in custody, followed by 5 years of supervised release, $368.20 in restitution to the victim, and a $100 special assessment to the Federal Crime Victims Fund.

Marshall was indicted by a federal grand jury on February 11, 2015.  He pled guilty on June 29, 2015.

The conviction stemmed from an incident on September 29, 2014, when Marshall was at a drinking party in Cherry Creek, and hanging out with the victim.  The victim drank to the point of intoxication and went to sleep in the house.  Marshall entered the room she was in, approached the sleeping victim, and began to touch her inappropriately.  Marshall knew the victim was incapable of participating in, or communicating her unwillingness to engage in, sexual contact at that time.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Marshall was immediately turned over to the custody of the U.S. Marshals Service.