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U.S. v. CUTHBERTSON

No. 97-5138.

138 F.3d 1325 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Earl CUTHBERTSON, Defendant — Appellant.

United States Court of Appeals, Tenth Circuit.

March 16, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Stephen C. Lewis and Ann Dooley, Office of the U.S. Attorney, Tulsa, OK, for Plaintiff-Appellee.

Stanley Monroe, Tulsa, OK, for Defendant-Appellant.

Before BALDOCK, EBEL and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

In May of 1994, Appellant Robert Earl Cuthbertson ("Cuthbertson") drove from Florida to Oklahoma to pick up his sister's three children for the purpose of transporting them back to Florida to stay with him for the summer. Among the three children was Cuthbertson's 11-year-old niece, E.H., whom Cuthbertson had subjected to sexual molestation two years prior. After molesting E.H. in a Tulsa, Oklahoma motel...

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