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U.S. v. SAGG

No. 96-10223.

125 F.3d 1294 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Charles SAGG, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1997.

Attorney(s) appearing for the Case

Gregg H. Griffith, Phoenix, Arizona, for Defendant-Appellant.

Joseph C. Welty, Assistant United States Attorney, Phoenix, Arizona, for Plaintiff-Appellee.

Before: BROWNING and THOMPSON, Circuit Judges, and MOSKOWITZ, District Judge.

PER CURIAM:

Reduced to its simplest terms, the issue we decide in this case, as it is framed by the defendant, is: Can a sleeping child engage in sexual contact as defined in 18 U.S.C. § 2246(3)?

FACTS AND PROCEEDINGS

The defendant Sagg entered his sleeping ten-year-old stepdaughter's room. He took the sleeping child's hand, placed it around his penis, and ejaculated. The sleeping child remained asleep...

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