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United States v. Batres, 10th Cir. (2008)
United States v. Batres, 10th Cir. (2008)
TENTH CIRCUIT
Elisabeth A. Shumaker
Clerk of Court
No. 07-3198
v.
(D. Kansas)
Defendant - Appellant.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
I.
Introduction
Appellant Ignacio Batres, Jr. was convicted of possessing child
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
Discussion
Batres was charged in a three-count indictment with possessing child
has found that the images depict the sexual penetration of young children by
adults, the enhancement may be properly applied. Kimler, 335 F.3d at 1143.
III.
Conclusion
The sentence imposed by the district court is affirmed.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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