U.S. v. MANN

No. 99-2013.

193 F.3d 1172 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. David Kee MANN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 27, 1999.


Attorney(s) appearing for the Case

Judith A. Rosenstein, Assistant Federal Public Defender, Albuquerque, New Mexico, appearing for Appellant.

Kathleen Bliss, Assistant United States Attorney (John J. Kelly, United States Attorney, with her on the brief), Office of the United States Attorney, Albuquerque, New Mexico, appearing for Appellee.

Before TACHA, McWILLIAMS, and EBEL, Circuit Judges.


TACHA, Circuit Judge.

A jury acquitted David Kee Mann on one count of aggravated sexual abuse and convicted him on another similar count. During the trial, the court allowed R.K. to testify pursuant to Federal Rule of Evidence 414. On appeal, defendant argued that the trial court should have excluded R.K.'s testimony because, inter alia, its probative value was substantially outweighed by its prejudicial effect under the balancing test set forth in Federal Rule of...

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