United States Tenth Circuit

Defendant's conviction and sentence for sexual assault are affirmed where: 1) nothing suggested that defendant was intoxicated or otherwise incapable of sufficient comprehension, when the police advised him of his Miranda rights or when he signed the form acknowledging that he had been apprised of, understood, and waived those rights; 2) the presentment rule did not support suppressing defendant's confession; 3) the victim's statement that she had been raped constituted an excited utterance; and 4) the conditions of defendant's supervised release were linked to the offense and no broader than necessary to rehabilitate the defendant and protect the public.

Appellate Information

• Decided 06/03/2010
• Published 06/03/2010

Judges

• TYMKOVICH, Circuit Judge., Before BRISCOE, Chief Judge, McWILLIAMS, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark D. Standridge (Mark D. Jarmie with him on the briefs), Jarmie & Associates, Albuquerque, NM, for Appellant.


• For Appellees:
  
• Laura Fashing, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the brief) Office of the United States Attorney, Albuquerque, NM, for Appellee.