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U.S. v. COMMANCHE

No. 08-2257.

577 F.3d 1261 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan COMMANCHE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 24, 2009.

Attorney(s) appearing for the Case

P. Jeffery Jones, Santa Fe, New Mexico, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the briefs), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before KELLY and LUCERO, Circuit Judges, and EAGAN, District Judge.

LUCERO, Circuit Judge.

Bryan Commanche was involved in a fight on an Indian reservation. Although he was not the initial aggressor, Commanche drew a box cutter during the fight and injured two of his opponents. He maintains that he did so in self defense. A jury rejected Commanche's self-defense claim and convicted him of two counts of assault resulting in serious bodily injury. He appeals, arguing that admission of two aggravated battery convictions involving sharp...

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