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U.S. v. CALL

No. 94-2229.

129 F.3d 1402 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Justin CALL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 3, 1997.

Attorney(s) appearing for the Case

Daniel F. Haft, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the brief), Las Cruces, NM, for Plaintiff-Appellant.

Jill M. Wichlens, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, CO, for Defendant-Appellant.

Before BALDOCK, LOGAN and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

A jury convicted Defendant Justin Call of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Defendant was sentenced to 63 months imprisonment. This direct appeal followed. In his appeal, Defendant argues that the district court erred by excluding proffered expert testimony regarding the results of his polygraph test. Specifically, Defendant argues that the district court failed to apply...

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