United States v. Frost, No. 11-1122 (10th Cir. 2012)
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Defendant-Appellant Adam Frost was tried and convicted for the rape of a 17-year-old girl, and was sentenced to 200 months' imprisonment. On appeal, Defendant challenged his conviction on the grounds that the trial court plainly erred in admitting hearsay testimony of several witnesses, including the victim's sister, a nurse, and law enforcement officers. Defendant also challenged his sentence, arguing that the district court violated his due process rights by not allowing him to make a statement at sentencing until after the court had already decided his sentence. Upon review, the Tenth Circuit found the district court did not plainly err in admitting the challenged testimony. Although some of the challenged testimony was admitted in error, none was so obvious or prejudicial as to warrant reversal. Furthermore, the Court concluded the district court's alleged error at sentencing did not seriously impair the fairness of the proceedings.
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