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ARIZONA v. JOHNSON

No. 02-10285.

351 F.3d 988 (2003)

State of ARIZONA, Plaintiff-Appellee, v. Dennis JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2003.

Attorney(s) appearing for the Case

William J. Kirchner, Law Offices of Walter B. Nash, Tucson, Arizona, for the defendant-appellant.

David Paul Flannigan, United States Attorney's Office, Tucson, Arizona, for the plaintiff-appellee.

Before DOROTHY W. NELSON and WILLIAM A. FLETCHER, Circuit Judges, and WILLIAM ALSUP, District Judge.

Argued and Submitted June 13, 2003 — San Francisco, California.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

United States Border Patrol Agent Dennis Johnson timely appeals his convictions for sexual assault and kidnapping. We affirm, holding that the district court: (1) did not abuse its discretion in answering a question from the jury during its deliberations; (2) did not abuse its discretion in admitting testimony of prior consistent statements...

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