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U.S. v. BAUTISTA

No. 97-2222.

145 F.3d 1140 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Michael BAUTISTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 22, 1998.

Attorney(s) appearing for the Case

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for appellant.

Kathleen Bliss, Assistant United States Attorney (John J. Kelly, United States Attorney, on the brief), Albuquerque, NM, for appellee.

Before BALDOCK, BARRETT, and LOGAN, Circuit Judges.

BARRETT, Senior Circuit Judge.

Michael Bautista (Bautista) appeals from his conviction and sentence following a jury trial wherein he was found guilty of second-degree murder in Indian Country under 18 U.S.C. §§ 1153 and 1111.

Facts

On April 4, 1996, the body of David Carrillo (Carrillo), a 38-year-old member of the Laguna Indian Pueblo residing on an Indian Reservation in the State of New Mexico, was discovered in his apartment...

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