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UNITED STATES v. VAN LUFKINS

No. 81-2026.

676 F.2d 1189 (1982)

UNITED STATES of America, Appellee, v. Keith VAN LUFKINS, a/k/a Keith Lufkins, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 30, 1982.

Attorney(s) appearing for the Case

Philip N. Hogen, U. S. Atty., Raymond P. Murley, Asst. U. S. Atty., Sioux Falls, S. D., for appellee.

Jerald M. McNeary, McNeary & Moen, Aberdeen, S. D., for appellant.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and HENLEY, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Keith Van Lufkins appeals his conviction of assault by striking, beating, or wounding and the sentence imposed by the district court1 utilizing the Federal Youth Corrections Act.

Lufkins was convicted of kicking the victim, Raymond Bear, in the head. Both Lufkins and Bear were inmates at a Sioux tribal jail at the time of the incident; Lufkins was serving a ninety-day sentence for theft and...

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