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U.S. v. GABALDON

No. 03-2233.

389 F.3d 1090 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Frank GABALDON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 16, 2004.

Attorney(s) appearing for the Case

Ray Twohig, Ray Twohig, P.C., Albuquerque, NM, (Todd Hotchkiss, Frechette & Associates, P.C., Albuquerque, NM, with him on the briefs), for Defendant-Appellant.

James Miles Hanisee, Assistant United States Attorney (David C. Iglesias, United States Attorney, and Fred Chris Smith, Assistant United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before EBEL and TYMKOVICH, Circuit Judges, and HEATON, District Judge.

EBEL, Circuit Judge.

Defendant Frank Gabaldon appeals his conviction under the federal kidnapping statute, 18 U.S.C. 1201(a), arguing that the verdict was not supported by sufficient evidence that he held his victim against her will, that her confinement was not merely incidental to her eventual murder, or that holding her provided a benefit to Gabaldon. He also challenges the district court's Daubert ruling, which...

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