United States Tenth Circuit

A Navajo medicine man's conviction and sentence for aggravated sexual abuse while within Indian country is affirmed over claims that the district court: 1) erred in denying his motion to suppress on the basis that he was not "in custody" and in determining that his oral and written confessions were voluntarily made; 2) did not make adequate findings as to whether defendant had "an extraordinary physical impairment" due to his age and mental disabilities that would warrant a downward departure from the sentencing guidelines; and 3) incorrectly applied sentencing enhancements for the use of force, a vulnerable victim, and the abuse of a position of trust.

Appellate Information

• Decided 01/29/2008
• Published 01/30/2008

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Karin Fojtik, Assistant United States Attorney (Brett L. Tolman, United States Attorney, on the brief), Salt Lake City, Utah, for Plaintiff-Appellee., K. Andrew Fitzgerald of Fitzgerald & Fitzgerald, Moab, Utah, for Defendant-Appellant.