Loren Goodlow, a 33-year-old member of the Lower Brule Sioux Tribe, worked as a ranch hand on South Dakota's Swallow Ranch when he sexually abused two minor girls in 2023. The abuse occurred at various locations on the Pine Ridge Indian Reservation, including a campground and rock formation. After 15-year-old victim A.S. disclosed the abuse to her family, Goodlow messaged her 12-year-old sister N.S., telling her to say A.S. was lying and that "nothing happened," warning he would be "took away to jail again or took from [his] babies."
Circuit Judge Kobes wrote that while Goodlow's statement showed he "contemplated criminal liability in a future proceeding," it fell short of the legal standard requiring proof that "he contemplated a particular proceeding." The court noted that "no criminal investigation was underway" when Goodlow sent the message, and the FBI wasn't notified until the next day. "This general concern about going to prison is evidence that he 'contemplated facing criminal charges,' but it is not enough to prove that he 'contemplated a particular proceeding,'" Kobes wrote.
Goodlow was convicted on 14 counts including sexual abuse of a minor, abusive sexual contact, attempted sexual exploitation of minors, attempted receipt of child pornography, and witness tampering. The district court sentenced him to 480 months in prison. He challenged several convictions on appeal, arguing the government failed to prove the crimes occurred in Indian country and that he knew victims were minors.
The Eighth Circuit will remand for resentencing on the remaining 13 convictions under the sentencing package doctrine. The ruling underscores the high evidentiary bar for federal witness tampering charges, requiring proof of contemplation of a specific proceeding rather than general criminal liability concerns.