Legal Opinion
United States of America, Plaintiff-Appellee-Cross-Appellant v. Roger Andrew Talk, A/K/A Roderick Talk, Defendant-Appellant-Cross-Appellee
Court of Appeals for the Tenth Circuit
Decided December 30, 1993No. 92-2266, 93-2003PublishedCited by 16 opinions
1Opinion of the Court
PAUL KELLY, Jr., Circuit Judge.
Defendant-appellant Roderick Talk appeals from his conviction and sentence under 18 U.S.C. § 2241(a)(1). The government cross-appeals from the sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm Mr. Talk’s conviction and remand with instructions to vacate Mr. Talk’s sentence and resentence him.
Background
On December 14, 1991, Roderick Talk had sexual relations with Gloria Yazzie at the home of his half-brother Benjamin Tso. Ms. Yazzie claimed that Mr. Talk forcibly raped her, while Mr. Talk maintained that Ms. Yaz-zie consented.…
2Cases cited15 opinions
- United States v. David Big Crow, United States of America v. David Big CrowCourt of Appeals for the Eighth Circuit · 1990
- United States v. Anthony TaylorCourt of Appeals for the Tenth Circuit · 1986
- United States v. Mark Douglas Odom, United States of America v. Joyce Geraldine Beach, United States of America v. Benny Carol DysonCourt of Appeals for the Fourth Circuit · 1984
- Buck Wilcoxon v. United StatesCourt of Appeals for the Tenth Circuit · 1956
- United States v. Jesus Castro-CervantesCourt of Appeals for the Ninth Circuit · 1991
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Klein-Becker USA, LLC v. EnglertCourt of Appeals for the Tenth Circuit · 2013
- United States v. Roger Andrew Talk, A/K/A Roderick TalkCourt of Appeals for the Tenth Circuit · 1998
- United States v. Reyes PenaCourt of Appeals for the Tenth Circuit · 2000
- United States v. Dominguez-CarmonaCourt of Appeals for the Tenth Circuit · 1999
- United States v. Jose Manuel Miranda-Ramirez, Also Known as J. Manuel Miranda, Also Known as Jose Manuel Miranda, Also Known as Monuel MirandaCourt of Appeals for the Tenth Circuit · 2002
11 more not listed; retrieve them via the Exa API.