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U.S. v. JAMES

No. 90-10646.

957 F.2d 679 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Roger JAMES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1992.

Attorney(s) appearing for the Case

David G. Alvarez, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Janet L. Patterson, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before GOODWIN, FARRIS and POOLE, Circuit Judges.

GOODWIN, Circuit Judge:

Following a jury trial, Roger James was convicted of aggravated sexual abuse, see 18 U.S.C. § 2241(c), for repeatedly sexually assaulting a nine-year-old female child. In the course of these assaults, the child was infected with the Herpes Type-II virus, a permanent, incurable and highly contagious sexually transmitted disease. The defendant appeals the district judge's classification of the disease as a "permanent or life threatening...

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