United States Tenth Circuit

Sentence enhancements in rape case for both the young age of the victim and the use of force do not constitute punishing defendant for the same conduct twice even if minor cannot legally consent to sex.

Appellate Information

• Decided 06/19/2001
• Published 06/19/2001

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR, PORFILIO and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Susan Bronstein Dunleavy, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., James Miles Hanisee, Office of the United States Attorney, Albuquerque, NM, (Norman C. Bay, United States Attorney, and David N. Williams, Assistant U.S. Attorney, Albuquerque, NM, on the brief), for Plaintiff-Appellee.