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U.S. v. TALK

Nos. 92-2266, 93-2003.

13 F.3d 369 (1993)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Roger Andrew TALK, a/k/a Roderick Talk, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 30, 1993.

Attorney(s) appearing for the Case

William A. L'Esperance, Albuquerque, NM, for defendant-appellant-cross-appellee Roderick Talk.

James T. Martin, Asst. U.S. Atty. (Larry Gomez, Acting U.S. Atty., with him on the brief), Albuquerque, NM, for plaintiff-appellee-cross-appellant U.S.

Before KELLY, GODBOLD and BARRETT, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant Roderick Talk appeals from his conviction and sentence under 18 U.S.C. § 2241(a)(1). The government cross-appeals from the sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm Mr. Talk's conviction and remand with instructions to vacate Mr. Talk's sentence and resentence him.

Background

On December 14, 1991, Roderick Talk had sexual relations...

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