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U.S. v. YELLOW EARRINGS

No. 89-5142.

891 F.2d 650 (1989)

UNITED STATES of America, Appellant, v. Darla June YELLOW EARRINGS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1989.

Attorney(s) appearing for the Case

David L. Zuercher, Pierre, S.D., for appellant.

David L. Ganje, Aberdeen, S.D., for appellee.

Before JOHN R. GIBSON, Circuit Judge, Bright, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

BRIGHT, Senior Circuit Judge.

The Government appeals the sentence of Darla June Yellow Earrings, alleging the district court1 erred in departing below the range specified in the United States Sentencing Guidelines. We reject the Government's contentions and affirm.

I. BACKGROUND

On June 21, 1980, Darla June Yellow Earrings, a member of the Standing Rock Sioux Tribe, drove with three friends to the ranch of Chris Struder...

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