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U.S. v. McQUADE Q.

No. 04-2145.

403 F.3d 717 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. McQUADE Q., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 5, 2005.

Attorney(s) appearing for the Case

Kyle T. Nayback, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Alonzo J. Padilla, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Before EBEL, BALDOCK, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

The Government filed a sealed superceding information charging Defendant McQuade Q., a juvenile, with two counts of aggravated sexual abuse in violation of the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031-5042. Count I charged McQuade with forcibly raping a thirteen-year old girl when he was seventeen years old. See 18 U.S.C. §§ 2241(a), 2246(2)(A). Count II charged McQuade with forcibly raping an eleven-year...

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