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U.S. v. FIRE THUNDER

No. 89-5588.

908 F.2d 272 (1990)

UNITED STATES of America, Appellee, v. Benjamin Jasper FIRE THUNDER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1990.

Attorney(s) appearing for the Case

Bernard E. Duffy, Fort Pierre, S.D., for appellant.

Mikal Hanson, Pierre, S.D., for appellee.

Before McMILLIAN, Circuit Judge, HEANEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

HEANEY, Senior Circuit Judge.

Benjamin Jasper Fire Thunder pled guilty to two counts of illegal sexual contact in violation of 18 U.S.C. §§ 1153, 2244(a) and 2245(3). On appeal, he raises several issues with respect to the sentence imposed by the district court. We affirm.

BACKGROUND

The probation office in its presentence investigation (PSI) described the offenses to which Fire Thunder pled guilty.

Count I (a non-guideline count...

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