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UNITED STATES v. PINTO

No. 83-2640.

755 F.2d 150 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Bryceson PINTO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 19, 1985.

Attorney(s) appearing for the Case

Richard Smith, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty. and Presiliano A. Torrez, Asst. U.S. Atty. Albuquerque, N.M., with him on the brief) for plaintiff-appellee.

Edwin Macy, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Before HOLLOWAY, Chief Judge, and BREITENSTEIN and SEYMOUR, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant-defendant, Pinto, was charged in a two-count indictment. The first count charged burglary and aggravated burglary in violation of 18 U.S.C. § 13 and N.M.Stat.Ann. §§ 30-16-3(A) and 30-16-4(C) (1978 Comp.). The second count charged rape in violation of 18 U.S.C. §§ 1153 and 2031. Defendant was convicted after a jury trial of aggravated burglary and the lesser included offense of assault with intent to...

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