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United States of America v. Kyle Ray Decoteau

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Submitted: December 14, 2010

Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

Kyle Ray DeCoteau was charged with aggravated sexual abuse of a child and abusive sexual contact in violation of 18 U.S.C. §§ 2241(c), 2244(a)(5), and 1153. A jury convicted him on two counts of each offense. His motion for judgment of acquittal on one count of aggravated sexual abuse was granted, and the district court*fn1 sentenced him to 360 months on the other count, to run concurrently with 51 month sentences for his two abusive sexual contact convictions. DeCoteau appeals, arguing that the district court erred in finding him competent to stand trial, in denying his motion for judgment of acquittal on his remaining conviction for aggravated sexual abuse, and in concluding that it lacked authority to sentence him below a statutory mandatory minimum. We affirm.

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