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U.S. v. KAUFMAN

Nos. 06-3099, 06-3124, 06-3125, 07-3151.

546 F.3d 1242 (2008)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Arlan Dean KAUFMAN, Defendant-Appellant, and Linda Joyce Kaufman, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

November 12, 2008.

Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender, Denver, Colorado (Raymond P. Moore, Federal Public Defender, Denver, Colorado, with him on the briefs), for the Defendant-Appellant Arlan Dean Kaufman.

Richard A. Hostetler, Esq., Denver, Colorado, for the Appellant/Cross-Appellee Linda Joyce Kaufman.

Tanya J. Treadway, Assistant United States Attorney, District of Kansas, (Eric F. Melgren, United States Attorney, District of Kansas, and Wan J. Kim, Assistant Attorney General, Civil Rights Division, United States Department of Justice, with her on the brief), for the Plaintiff/Cross-Appellant United States of America.

Lisa J. Stark (Eric F. Melgren, United States Attorney, District of Kansas; Tanya J. Treadway, Assistant United States Attorney, District of Kansas; Grace Chung Becker, Acting Assistant Attorney General, United States Department of Justice; Jessica Dunsay Silver and Conor B. Dugan, Attorneys, United States Department of Justice, with her on the brief), for the Plaintiff-Appellee United States of America.

Before HENRY, Chief Judge, and BRORBY and McCONNELL, Circuit Judges.

HENRY, Chief Judge.

In November 1999, Butler County, Kansas, deputy sheriffs observed two men working in the nude on a farm outside the town of Newton. As the deputies approached, the defendant, Arlan Kaufman, a doctor of social work who owned the farm and was fully clothed, directed the two workers into a nearby van, where they put on their clothes. Dr. Kaufman explained that the workers were residents of the Kaufman House Residential Care Treatment Center (the Kaufman...

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