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U.S. v. TOME

No. 92-2104.

61 F.3d 1446 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew Wayne TOME, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 31, 1995.

Attorney(s) appearing for the Case

Joseph W. Gandert, Asst. Federal Public Defender, Albuquerque, N.M., for appellant.

Louis M. Fischer, Atty. Dept. of Justice, Washington, DC (John J. Kelly, U.S. Atty., D.N.M., with him on the brief) for appellee.

Before ANDERSON, TACHA, and HOLLOWAY, Circuit Judges.

OPINION ON REMAND

TACHA, Circuit Judge.

I. BACKGROUND

A jury convicted defendant Matthew Wayne Tome of aggravated sexual abuse in violation of 18 U.S.C. §§ 1153, 2241(c), and 2246(2)(A) and (B).1 In his appeal to this court, defendant challenged the admissibility of the hearsay statements relayed by six witnesses. Each witness related out-of-court statements made by the child victim (A.T.). We concluded that...

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