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U.S. v. BENALLY

No. 06-4173.

500 F.3d 1085 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Reo BENALLY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 29, 2007.

Attorney(s) appearing for the Case

Deirdre A. Gorman, Ogden, UT, for Defendant-Appellant.

Karin M. Fojtik, Assistant United States Attorney, (Brett L. Tolman, United States Attorney with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before MURPHY, McWILLIAMS, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellant Reo Benally was convicted by a jury of one count of aggravated sexual abuse of a minor under the age of sixteen while in Indian Country, in violation of 18 U.S.C. § 2241(c) and § 1153(a). Benally was sentenced to 324 months' imprisonment to be followed by five years' supervised release. Benally appeals his conviction, arguing the district court improperly admitted the testimony...

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