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U.S. v. WASETA

No. 10-2097.

647 F.3d 980 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Joe WASETA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 26, 2011.

Attorney(s) appearing for the Case

John V. Butcher , Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

Laura Fashing , Assistant United States Attorney ( Kenneth J. Gonzalez , United States Attorney, with her on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before LUCERO, GORSUCH, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Defendant-Appellant Joe Alfonso Waseta pleaded guilty to one count of sexual abuse of a minor, in violation of 18 U.S.C. §§ 2243(a), 2246(2)(B), and 1153, for a sexual act committed against his stepson in Indian Country in 1989. The version of the United States Sentencing Guidelines ("Guidelines") in place at the time of Mr. Waseta's crime of conviction dictated a sentence range of fifteen...

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