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U.S. v. GUARDIA

No. 97-2053.

135 F.3d 1326 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. David K. GUARDIA, M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 2, 1998.

Attorney(s) appearing for the Case

Tara C. Neda, Assistant U.S. Attorney (John J. Kelly, United States Attorney, with her on the briefs), Office of the U.S. Attorney for the District of New Mexico, Albuquerque, NM, appearing for Plaintiff-Appellant.

Leigh A. Kenny (Charles W. Daniels and Nancy Hollander with her on the brief), Freedman, Boyd, Daniels, Hollander, Guttmann & Goldberg, P.A., Albuquerque, NM, appearing for Defendant-Appellee.

Before TACHA, HENRY, and LUCERO, Circuit Judges.

TACHA, Circuit Judge.

On September 5, 1996, a federal grand jury in New Mexico returned an indictment charging defendant David Guardia with two counts of sexual abuse in violation of 18 U.S.C. § 2242(2)(A). In addition, the grand jury charged the defendant under the Assimilative Crimes Statute, 18 U.S.C. § 13, with two counts of criminal sexual penetration in violation of N.M. STAT. ANN. § 30-9-11(E) (Michie Supp.1997) and two counts of battery in violation...

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