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U.S. v. HARRY

No. 14-2160.

816 F.3d 1268 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Myron Jim HARRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 29, 2016.

Attorney(s) appearing for the Case

John F. Moon Samore , Law Office of John Moon Samore, P.C., Albuquerque, NM, for Defendant-Appellant.

James R.W. Braun , Assistant United States Attorney ( Damon P. Martinez , United States Attorney), United States Attorney's Office, Albuquerque, NM, for Plaintiff-Appellee United States of America.

Before HARTZ, GORSUCH and PHILLIPS, Circuit Judges.

Defendant Myron Harry appeals his conviction of sexual assault at the home of friends while the victim was sleeping after a party. He challenges his conviction on three grounds.

The first challenge relates to text messages between Defendant and one of his hosts immediately after the assault. All but one of his messages...

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