United States Tenth Circuit

Convictions and sentences for rape and assault are affirmed over claims of error regarding: 1) the court's refusal to accept a partial guilty plea to the assault charges; 2) the jury instructions on the sexual assault charges and the lack of instructions about the victim's consent; and 3) the alleged miscalculation of the advisory guidelines range by improperly grouping his multiple offenses, by applying an enhancement for bodily injury to the race charges, and refusing to find that he had accepted responsibility for the crime.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• McCONNELL, Circuit Judge., Before LUCERO, HOLLOWAY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Ann Steinmetz, Albuquerque, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney (Larry Gómez, United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee.