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U.S. v. BENALLY

No. 07-2194.

541 F.3d 990 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Alden BENALLY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 2008.

Attorney(s) appearing for the Case

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Terri J. Abernathy, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the brief), Las Cruces, NM, for Plaintiff-Appellee.

Before BRISCOE, LUCERO, and TYMKOVICH, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant Alden Benally was convicted of abusive sexual contact with a child in violation of 18 U.S.C. §§ 2244(a), (c), and 18 U.S.C. § 2253, and was sentenced to 240 months' imprisonment. On appeal, he argues that the district court abused its discretion by excluding the testimony of an expert witness on false confessions who would have provided support for his claim that his confession to FBI agents was untrue. He also contends...

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