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U.S. v. BARRETT

No. 92-3910.

8 F.3d 1296 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Becky Lynn BARRETT, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 5, 1993.

Attorney(s) appearing for the Case

Virginia G. Villa, Minneapolis, MN, argued (Katherian D. Roe and Virginia G. Villa, on the brief), for defendant-appellant.

Andrew Mark Luger, Minneapolis, MN, argued (Thomas G. Heffelfinger, Andrew M. Luger and Michelle Zehnder, on the brief), for plaintiff-appellee.

Before McMILLIAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HANSEN, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Becky Barrett appeals her convictions for assault with a dangerous weapon and assault resulting in serious bodily injury in violation of 18 U.S.C. § 1153 and 18 U.S.C. §§ 113(c) and (f). We vacate her convictions and remand for further proceedings.

I. BACKGROUND

Barrett's three-year-old daughter, RLB, told several people at the Red Lake Indian Reservation that Barrett had burned RLB's

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