No. 07-2090.

528 F.3d 746 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin MARTIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 9, 2008.

Attorney(s) appearing for the Case

Ann Steinmetz, Albuquerque, NM, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (Larry Gómez, United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, HOLLOWAY and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

In March, 2007, a federal jury convicted Melvin Martin of two counts of rape and two counts of assault for brutally attacking his girlfriend in their shared home on the Navajo reservation. Before trial the defendant attempted to plead guilty to the assault charges—but not the rape charges—and the judge refused to accept his partial plea. At trial, Mr. Martin requested a jury instruction about the victim's possible consent to...

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