United States v. James Neal Kinslow

James Kinslow was convicted by a jury of kidnapping, in violation of 18 U.S.C. § 1201 (a)(1) (counts 1-5), interstate transportation of a minor for sexual purposes, in violation of 18 U.S.C. § 2423 (count 6), interstate transportation of stolen firearms, in violation of 18 U.S.C. § 922 (i) (count 8), fugitive in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(2) (count 10), and numerous other firearms and vehicle offenses. On appeal, Kinslow argues that (1) the district court erred in excluding his duress defense; (2) the court committed several errors with respect to its handling of count six; (3) the court erroneously admitted evidence of an alleged rape and of Kinslow’s prior record; and (4) the court imposed an illegal sentence. We have jurisdiction under 28 U.S.C. § 1291 . We affirm Kinslow’s conviction but vacate his sentence and remand the case to the district court for resentencing.

FACTUAL BACKGROUND

On July 4, 1987, Kinslow escaped from the New Mexico State Penitentiary where he was serving two consecutive life sentences. He slowly made his way to Flagstaff, Arizona and in the early morning hours of July 29, 1987, he broke into the family home of William…