U.S. v. JOE

Nos. 11-4001, 11-4058.

696 F.3d 1066 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Johnson JOE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Cynthia Bitsuie Jones, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 16, 2012.


Attorney(s) appearing for the Case

Elizabeth L. Harris of Jacobs Chase, LLC, Denver, CO, for Appellant Joe.

Scott Keith Wilson , Assistant Federal Public Defender ( Steven B. Killpack , Federal Public Defender, ( Kathryn N. Nester , Federal Public Defender, on the reply brief), Bretta Pirie , Federal Public Defender's Office, with him on the brief), Salt Lake City, UT, for Appellant Jones.

Elizabethanne C. Stevens , Assistant United States Attorney ( Carlie Christensen , United States Attorney, with her on the brief), Salt Lake City, Ut, for Appellee.

Before LUCERO, HOLLOWAY and TYMKOVICH, Circuit Judges.


HOLLOWAY, Circuit Judge.

These two direct criminal appeals arise from the same incident and have one sentencing issue in common. Accordingly, we address them together. The crime in which the two Defendants-Appellants participated included a brutal beating and sexual assault that came at the end of a bout of heavy drinking. Mr. Joe and Ms. Jones each eventually entered a guilty plea to a single charge of aggravated sexual...

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