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UNITED STATES v. BROWN

Nos. 85-1407, 85-1436 and 85-1439.

784 F.2d 1033 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Lester Mack BROWN, Jr., Andrew Michael Joseph Santillanes, and William Berl Brown, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 27, 1986.

Attorney(s) appearing for the Case

Presiliano A. Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and David N. Williams, Asst. U.S. Atty., with him on brief), for plaintiff-appellee.

Edwin Macy, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant, Lester Mack Brown, Jr.

Frank A. Baca, Albuquerque, N.M., for defendant-appellant Andrew Michael Joseph Santillanes.

Shannon Robinson, Albuquerque, N.M., for defendant-appellant William Berl Brown.

Before BARRETT and McKAY, Circuit Judges, and THEIS, District Judge.

BARRETT, Circuit Judge.

These consolidated appeals arise from the criminal convictions of Lester Brown Jr., Andrew Santillanes, and William Brown for violations of 18 U.S.C. § 2031, rape, and 18 U.S.C. § 2, aiding and abetting rape.

The victim, Arleen Paul, was a 20-year old student at the Job Corps campus in Albuquerque, New Mexico. On the evening of June 9, 1984, Ms. Paul joined several fellow students in a nearby park to talk. Soon, another friend...

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