United States v. Roy Allen Pacheco
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
Defendant Roy Allen Pacheco was indicted on two counts of aggravated sexual abuse of a child while in Indian Country in violation of 18 U.S.C. §§ 1153, 2241(c), 2246(2)(A), 2246(2)(C). 1 After a jury trial, Pacheco was found guilty of the digital penetration count and was acquitted of the penile penetration count. Pacheco appeals, arguing the district court erred by refusing to give a child witness instruction and by admitting certain testimony of two physicians. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court affirms.
I. BACKGROUND
The evidence at trial…
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