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U.S. v. SIMMONS

No. 05-60419.

470 F.3d 1115 (2006)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Maceo SIMMONS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

November 21, 2006.

Attorney(s) appearing for the Case

Gregory Bryan Friel (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div—App. Section, Washington, DC, Richard Terrell Starrett, Asst. U.S. Atty., Jackson, MS, for U.S.

Samuel Dennis Joiner, Fed. Pub. Def., Kathryn Neal Nester (argued), Jackson, MS, for Simmons.

Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Convicted of sexual assault under color of law, involving aggravated sexual abuse, in violation of 18 U.S.C. § 242, Maceo Simmons contests primarily the admission both of Government expert-witness testimony concerning sexual-assault victims and of Simmons' prior state-trial testimony; and the sufficiency of the evidence for his conviction. The Government challenges: the district court's refusal to impose a two-level enhancement...

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