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U.S. v. CAVANAUGH

Nos. 90-5157 to 90-5163 and 90-5271 to 90-5274.

948 F.2d 405 (1991)

UNITED STATES of America, Appellee, v. Jessee Dean CAVANAUGH, Appellant. UNITED STATES of America, Appellee, v. Paul Henry CAVANAUGH, Appellant. UNITED STATES of America, Appellee, v. Tayron Dale DUNN, a/k/a Terry Dunn, Appellant. UNITED STATES of America, Appellee, v. Timothy Sylvester LONGIE, Jr., Appellant. UNITED STATES of America, Appellee, v. Roger Darrel CHARBONEAU, Appellant. UNITED STATES of America, Appellee, v. Dwayne Allen CHARBONEAU, Appellant. UNITED STATES of America, Appellee, v. Leonard George FOX, Appellant. UNITED STATES of America, Appellee, v. Loren Michael GREY BEAR, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 7, 1991.

Attorney(s) appearing for the Case

Thomas L. Zimney, Grand Forks, N.D., argued, for Jesse Cavanaugh.

Michael F. Daley, Grand Forks, N.D., argued, for Dwayne Charboneau.

David M. Box, Grand Forks, N.D., argued (Gerald J. Haga, Grand Forks, N.D., on brief), for Paul Cavanaugh.

David C. Thompson, Fargo, N.D., argued, for Loren Grey Bear.

M. Daniel Vogel, Fargo, N.D., for Tayron Dale Dunn.

Ronald M. Dosch, Devils Lake, N.D., for Timothy Longie, Jr.

Alan J. Larivee, Grand Forks, N.D., for Roger Darrel Charboneau.

Mark R. Fraase, Fargo, N.D., for Leonard Fox.

Lynn E. Crooks (Dennis D. Fisher and Norman G. Anderson, on brief), Fargo, N.D., for U.S.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

LAY, Chief Judge.

The defendants were originally indicted for first degree murder in violation of 18 U.S.C. § 1111 (1988), assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(f) (1988), and other miscellaneous charges not material here. The defendants, who now appeal, were each found guilty of second degree murder. The jury did not pass upon the assault charge. The jury was discharged and no mistrial was declared on the assault count...

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