U.S. v. NORQUAY

No. 89-5382.

905 F.2d 1157 (1990)

UNITED STATES of America, Appellant, v. Patrick A. NORQUAY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1990.

Rehearing Denied July 11, 1990.

Rehearing Denied July 16, 1990.


Attorney(s) appearing for the Case

Lynn A. Zentner, Minneapolis, Minn., for appellant.

Andrew H. Mohring, Minneapolis, Minn., for appellee.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.


Rehearing En Banc Denied July 16, 1990.

McMILLIAN, Circuit Judge.

The United States appeals from a final order entered in the District Court for the District of Minnesota holding the Federal Sentencing Guidelines inapplicable to a burglary conviction under the Indian Major Crimes Act, 18 U.S.C. § 1153 (1988), and sentencing defendant Patrick A. Norquay under the Minnesota Sentencing Guidelines. For reversal, the government argues that the district court...

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