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UNITED STATES v. IRON THUNDER

Nos. 82-2330, 82-2351.

714 F.2d 765 (1983)

UNITED STATES of America, Appellee, v. Anthony Myron IRON THUNDER, Appellant. UNITED STATES of America, Appellee, v. Richard Lee HANLEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1983.

Attorney(s) appearing for the Case

Thomas M. Tobin, Maynes, Tonner, Maynes & Tobin, Aberdeen, S.D., for Hanley.

Ronald J. Hall, Siegel, Barnett & Schutz, Aberdeen, S.D., for Iron Thunder.

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

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

Anthony Myron Iron Thunder and Richard Lee Hanley were tried jointly for conduct occurring in the early morning hours of May 7, 1982. A jury found Hanley guilty of assault with the intent to commit rape within Indian country, in violation of 18 U.S.C. §§ 113(a) & 1153 (1976), and Iron Thunder guilty of rape within Indian country, in violation of 18 U.S.C. §§ 1153 & 2031 (1976). The court sentenced each defendant to...

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