United States v. Guardia
Court of Appeals for the Tenth Circuit
1Opinion of the Court
TACHA, Circuit Judge.
On September 5, 1996, a federal grand jury in New Mexico returned an indictment charging defendant David Guardia with two counts of sexual abuse in violation of 18 U.S.C. § 2242(2)(A). In addition, the grand jury charged the defendant under the Assi-milative Crimes Statute, 18 U.S.C. § 13, with two counts of criminal sexual penetration in violation of N.M. Stat. Ann. § 30-9-ll(E) (Michie Supp.1997) and two counts of battery in violation of N.M. Stat. Ann. § 30-3-4 (Michie 1978). These charges arose from the defendant’s allegedly improper behavior during gynecological…
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