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UNITED STATES v. WARRINGTON

No. 22-7003.

78 F.4th 1158 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Edmond Carl WARRINGTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED August 11, 2023.

Attorney(s) appearing for the Case

John C. Arceci , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Kyle J. Essley , Special Assistant United States Attorney ( Linda A. Epperley , Assistant United States Attorney, with him on the brief), Office of the United States Attorney, Muskogee, Oklahoma, for Plaintiff-Appellee.

Before HARTZ, SEYMOUR, and MATHESON, Circuit Judges.

Edmond Carl Warrington was charged in Oklahoma state court after he engaged in sexual activity with his mentally disabled, 18-year-old adopted niece. When the U.S. Supreme Court decided McGirt v. Oklahoma, ___ U.S. ___, 140 S.Ct. 2452, 207 L.Ed.2d 985 (2020), the federal government took over prosecution for the alleged...

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