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U.S. v. SMITH

No. 09-2040.

606 F.3d 1270 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Lehman SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 3, 2010.

Attorney(s) appearing for the Case

Mark D. Standridge (Mark D. Jarmie with him on the briefs), Jarmie & Associates, Albuquerque, NM, for Appellant.

Laura Fashing, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the brief) Office of the United States Attorney, Albuquerque, NM, for Appellee.

Before: BRISCOE, Chief Judge, McWILLIAMS, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

TYMKOVICH, Circuit Judge.

A jury convicted Lehman Smith of sexual assault, and he was sentenced to 60 months' imprisonment and 36 months of supervised release. Smith appeals his conviction and sentence, raising four pretrial and trial issues: the district court erred by (1) refusing to suppress his confession, (2) admitting hearsay evidence under the excited-utterance exception, (3) finding that evidence sufficient to sustain his conviction was introduced, and (4...

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