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U.S. v. PACHECO

No. 97-2311.

154 F.3d 1236 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Roy Allen PACHECO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 15, 1998.

Attorney(s) appearing for the Case

Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

Samuel L. Winder, Assistant United States Attorney, Albuquerque, New Mexico (John J. Kelly, United States Attorney, with him on the brief), for Plaintiff-Appellee.

Before MURPHY, HOLLOWAY, and MAGILL, Circuit Judges.

MURPHY, Circuit Judge.

Defendant Roy Allen Pacheco was indicted on two counts of aggravated sexual abuse of a child while in Indian Country in violation of 18 U.S.C. §§ 1153, 2241(c), 2246(2)(A), 2246(2)(C).1 After a jury trial, Pacheco was found guilty of the digital penetration count and was acquitted of the penile penetration count. Pacheco appeals, arguing the district court erred by refusing to give a child witness instruction...

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