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UNITED STATES v. SCHMIDT

No. 80-1257.

626 F.2d 616 (1980)

UNITED STATES of America, Appellee, v. Clarence Frederick SCHMIDT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1980.

Attorney(s) appearing for the Case

David L. Bergren, Bergren & Duffy, Fort Pierre, S. D., for appellant.

Dawn R. Bowen, Asst. U. S. Atty., Pierre, S. D. (argued), and Terry L. Pechota, U. S. Atty., Sioux Falls, S. D., on brief, for appellee.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

At about midnight on June 30-July 1, 1979, one Mark Von Heeder was driving his car eastward on U. S. Highway 18 out of Mission, South Dakota, within the confines of the Rosebud Indian Reservation. He was carrying one passenger. As Von Heeder approached the Antelope Housing Community, less than a mile east of Mission, a car driven by appellant Clarence Frederick Schmidt, carrying four passengers, crossed the highway in front of him, proceeding...

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