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U.S. v. McMILLAN

No. 86-5221.

820 F.2d 251 (1987)

UNITED STATES of America, Appellee, v. Loren K. McMILLAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 28, 1987.

Rehearing Denied July 14, 1987.

Attorney(s) appearing for the Case

Jeffrey A. Springer, Denver, Colo., for appellant.

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., for appellee.

Before ROSS, JOHN R. GIBSON, and FAGG, Circuit Judges.

ROSS, Circuit Judge.

Loren K. McMillan appeals his conviction of involuntary manslaughter in violation of 18 U.S.C. §§ 1152 and 1112 for which he was sentenced to thirty months imprisonment and a fine of $2000. For reversal, McMillan's primary arguments are that: 1) the indictment failed to allege a crime because it improperly incorporated South Dakota law into the federal manslaughter statute; 2) the district court1 erred in...

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