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UNITED STATES v. ELK

No. 81-1326.

658 F.2d 644 (1981)

UNITED STATES of America, Appellee, v. Roger EAGLE ELK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 15, 1981.

Attorney(s) appearing for the Case

Terry L. Pechota, U. S. Atty., Sioux Falls, S. D., David L. Zuercher (argued), Asst. U. S. Atty., Pierre, S. D., for appellee.

Ramon A. Roubideaux (argued), Rapid City, S. D., for appellant.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

ROSS, Circuit Judge.

On October 1, 1980, the defendant, Roger Eagle Elk, was indicted for first degree murder under 18 U.S.C. §§ 1153 and 1111 (1976) in connection with the shooting death of Gary Dean Stoneman. On February 13, 1981, a jury found the defendant not guilty of first degree murder but guilty of second degree murder. The trial court1 sentenced him to a forty year prison term. The defendant grounds this appeal upon...

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