Legal Opinion

United States v. Fernando Talamante

Court of Appeals for the Tenth Circuit

Decided December 16, 1992No. 92-2010PublishedCited by 46 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

Fernando Talamante appeals his conviction and sentence for assault resulting in serious bodily injury under 18 U.S.C. §§ 1153 and 113(f). He argues the trial court erred in excluding evidence of specific instances of violent conduct of the vic tim. He also contends the trial court misapplied the sentencing guidelines by enhancing his sentence based on infliction of a permanent or life-threatening injury. We affirm.

While driving around the Jicarilla Apache Indian Reservation in Dulce, New Mexico, Mr. Talamante and a friend noticed an acquaintance’s car in a gas…

2Cases cited18 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. Rock v. ArkansasSupreme Court of the United States · 1987
  3. United States v. Ruben Rocha, Thomas Padilla, Hector Garcia-Garcia, Johnny Robert Hinojosa, and Jose Santos GallegosCourt of Appeals for the Fifth Circuit · 1990
  4. United States v. Arthur OrtizCourt of Appeals for the Tenth Circuit · 1986
  5. United States v. Graham Lee KendallCourt of Appeals for the Tenth Circuit · 1985

13 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. United States v. Melvin JoeCourt of Appeals for the Tenth Circuit · 1993
  2. United States v. BautistaCourt of Appeals for the Tenth Circuit · 1998
  3. United States v. Ronald Keiser, Jr.Court of Appeals for the Ninth Circuit · 1995
  4. United States v. James Allen GreggCourt of Appeals for the Eighth Circuit · 2006
  5. United States v. SegienCourt of Appeals for the Tenth Circuit · 1997

41 more not listed; retrieve them via the Exa API.

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