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U.S. v. VALLO

No. 99-2328, 00-2078.

238 F.3d 1242 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Claudine Ann Vallo, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David Edward Chino, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 23, 2001.

Attorney(s) appearing for the Case

Jonathan Gurston (Norman C. Bay, United States Attorney, and Jason Bowles, Assistant United States Attorney, on the briefs), Albuquerque, New Mexico, for Plaintiff-Appellee United States of America.

Jerry Daniel Herrera, Albuquerque, New Mexico, for Defendant-Appellant Claudine Ann Vallo.

Dawn T. (Penni) Adrian, Albuquerque, New Mexico, for Defendant-Appellant David Edward Chino.

Before BRORBY, EBEL, and KELLY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendants Appellants David Chino and Claudine Vallo were jointly tried and convicted of second-degree murder, 18 U.S.C. §§ 2, 1111(a), 1153(a), of Zachary Vallo, age sixteen months. Mr. Chino also was convicted of multiple counts of assault on Zachary Vallo, 18 U.S.C. §§ 113(a)(6), 1153(a). He was sentenced to 12 months with 1 year of supervised release on the assault counts and 210 months on the second-degree murder...

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