U.S. v. VELARDE

No. 99-2297.

214 F.3d 1204 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Mel Lambert VELARDE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 2000.


Attorney(s) appearing for the Case

Peter Schoenburg, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, LLP, Albuquerque, New Mexico, for appellant.

David B. Williams (Robert J. Gorence, United States Attorney, and Kathleen Bliss, Assistant United States Attorney, on the brief), Albuquerque, New Mexico, for appellee.

Before BRORBY, ANDERSON, and HENRY, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

Mel Lambert Velarde appeals his conviction by a jury on one count of aggravated sexual abuse of a child, in violation of 18 U.S.C. § 2241(c), an offense committed within Indian country under 18 U.S.C. § 1153. He was sentenced to 135 months imprisonment. Because we conclude that the district court erred in permitting certain expert testimony, and that error was not harmless, we reverse and remand for a new trial.

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