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U.S. v. YANKTON

Nos. 92-1404, 92-1482.

986 F.2d 1225 (1993)

UNITED STATES of America, Appellant/Cross-Appellee, v. Quentin YANKTON, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1993.

Attorney(s) appearing for the Case

Stephen D. Easton, U.S. Atty., Fargo, ND, argued, for appellant.

Donald R. Becker, Fargo, ND, argued, for appellee.

Before McMILLIAN, MAGILL, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Quentin Yankton was found guilty by jury verdict of aggravated sexual abuse by use of force, pursuant to 18 U.S.C. §§ 2241(a) and 1153. The district court denied Yankton's motion for new trial, which raised a Batson1 claim. At sentencing, the court declined to make an upward adjustment for obstruction of justice, a specific offense characteristic increase for bodily injury, an upward departure based...

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