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U.S. v. LOVATO

No. 18-1468.

950 F.3d 1337 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel LOVATO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 27, 2020.

Attorney(s) appearing for the Case

John C. Arceci , Assistant Federal Public Defender ( Shira Kieval , Assistant Federal Public Defender, and Virginia L. Grady , Federal Public Defendant, on the briefs), Office of the Federal Public Defender for the Districts of Colorado and Wyoming, Denver, CO, for the Appellant Daniel Lovato.

Paul Farley , Assistant United States Attorney ( Jason R. Dunn , United States Attorney, with him on the brief), Office of the United States Attorney for the District of Colorado, Denver, CO, for the Appellee.

Before BACHARACH, KELLY, and CARSON, Circuit Judges.

This action arose out of the district court's admission of a 911 call under the present sense impression exception to the rule against hearsay. Defendant Daniel Lovato ("Defendant") alleges that, in doing so, the district court abused its discretion.1 Following admission of the 911 call, a jury...

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