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U.S. v. TALAMANTE

No. 92-2010.

981 F.2d 1153 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando TALAMANTE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 16, 1992.

Attorney(s) appearing for the Case

David N. Williams (Don J. Svet, U.S. Atty., and Joe M. Romero, Jr., Asst. U.S. Atty., with him on the briefs), Albuquerque, NM, for plaintiff-appellee.

Ray Twohig, Albuquerque, NM, for defendant-appellant.

Before SEYMOUR, LAY, and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Fernando Talamante appeals his conviction and sentence for assault resulting in serious bodily injury under 18 U.S.C. §§ 1153 and 113(f). He argues the trial court erred in excluding evidence of specific instances of violent conduct of the victim. He also contends the trial court misapplied the sentencing guidelines by enhancing his sentence based on infliction of a permanent or life...

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