Minnesota man Sentenced in Federal Court for Abusive Sexual Contact | USAO-SD

Acting United States Attorney Dennis R. Holmes announced that a Browns Valley, Minnesota, man convicted of abusive sexual contact was sentenced on June 7, 2021, by U.S. District Judge Charles B. Kornmann.

Howard Edison Derby, Jr., age 35, was sentenced to 120 months in federal prison, followed by five years of supervised release, and a $1,000 fine. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Derby was indicted for aggravated sexual abuse and sexual abuse by a federal grand jury on July 20, 2020.  He pled guilty to abusive sexual contact on March 18, 2021.

According to court documents, on or about the 23rd day of November, 2018, in Roberts County, Derby knowingly engaged in and attempted to engage in sexual contact with the victim, that is, sexual contact, by using force, involving Derby’s intentional touching, either directly or through clothing, of the victim’s genitalia.

Specifically, after the victim had alcoholic beverages to celebrate a friend’s birthday, she became intoxicated.  The celebration concluded at the victim’s friend’s house, where she decided to sleep on a couch.  Derby was present at that time and knew the victim was intoxicated and tired.  Derby perpetrated the sexual assault knowing of the victim’s vulnerable state. 

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy Jehangiri prosecuted the case.

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

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