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United States Tenth Circuit


US v. Benally, 07-2194

A conviction and sentence for abusive sexual contact with a child is affirmed over claims that: 1) the district court abused its discretion by excluding the testimony of an expert witness on false confessions who would have provided support for defendant's claim that his confession to FBI agents was untrue; and 2) his sentencing did not satisfy the procedural requirements of federal sentencing law.

Appellate Information

  • Decided 09/09/2008
  • Published 09/10/2008

Judges

  • BRISCOE, Circuit Judge., Before BRISCOE, LUCERO, and TYMKOVICH, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., Terri J. Abernathy, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the brief), Las Cruces, NM, for Plaintiff-Appellee.
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