U.S. v. ENJADY

No. 96-2285.

134 F.3d 1427 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Kerry Neil ENJADY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 25, 1998.


Attorney(s) appearing for the Case

Robert J. McDowell, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

Tara C. Neda, Assistant U.S. Attorney (John J. Kelly, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BALDOCK, LOGAN, and EBEL, Circuit Judges.


LOGAN, Circuit Judge.

Defendant Kerry Neil Enjady appeals his conviction by a jury of one count of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153, 2241(a)(1) and 2245(2)(A). Defendant asserts prejudicial error in the district court's admission, under Fed.R.Evid. 413, of testimony about a prior rape defendant allegedly committed, for three separate reasons: (1) the district court erroneously applied Rule 413 before its effective date; (2) Rule...

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