United States Tenth Circuit

Defendant's conviction for aggravated sexual abuse in Indian country is affirmed over claims that: 1) the district court improperly admitted a statement he gave to FBI agents; 2) the court abused its discretion in denying a motion for new trial based on prejudicial comments by a government witness; and 3) the government failed to prove that defendant's crime occurred in Indian country, an element of the crimes.

Appellate Information

• Decided 04/01/2008
• Published 04/02/2008

Judges

• LUCERO, Circuit Judge., Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John F. Moon Samore, Albuquerque, NM, for the Defendant-Appellant., David N. Williams, Assistant United States Attorney, (Larry Gomez, United States Attorney, with him on the brief), Albuquerque, NM, for the Plaintiff-Appellee.