UNITED STATES v. BLACK ELK

No. 78-1234.

579 F.2d 49 (1978)

UNITED STATES of America, Appellee, v. Luke BLACK ELK, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 18, 1978.


Attorney(s) appearing for the Case

Ramon A. Roubideaux, Rapid City, S.D., on brief, for appellant.

David V. Vrooman, U.S. Atty., Sioux Falls, S.D., and Donald A. Porter, Jr., Asst. U.S. Atty., Rapid City, S.D., on brief, for appellee.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.


PER CURIAM.

Luke Black Elk, Jr., an Indian, was convicted of murder in the second degree, in violation of 18 U.S.C. §§ 1153 and 1111. The District Court sentenced Black Elk to fifteen years imprisonment. On appeal, Black Elk contends: (1) the evidence was insufficient to sustain the verdict, and (2) the sentence was excessive. After a careful review of the record, we conclude that both claims must be rejected.

SUFFICIENCY OF THE EVIDENCE

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