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U.S. v. YAZZIE

No. 91-10005.

976 F.2d 1252 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny YAZZIE, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1992.

Attorney(s) appearing for the Case

Bram L. Jacobson, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Pamela R. Gullett, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before: BOOCHEVER, REINHARDT and BEEZER, Circuit Judges.

REINHARDT, Circuit Judge:

Johnny Yazzie, Jr., appeals his conviction for sexual abuse of a minor (statutory rape) in violation of 18 U.S.C. §§ 1153, 2243. We have jurisdiction under 28 U.S.C. § 1291. Because we conclude that the district court improperly excluded lay witnesses' testimony that the minor1 appeared to be at least sixteen years old when the alleged sexual abuse occurred, we reverse.2

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