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U.S. v. WHITE BUFFALO

No. 93-2421SD.

10 F.3d 575 (1993)

UNITED STATES of America, Appellant, v. Michael WHITE BUFFALO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1993.

Attorney(s) appearing for the Case

Mikal Hanson, Pierre, SD, argued (Ted L. McBride, Sioux Falls, SD, and Mikal Hanson, Pierre, SD, on the brief), for appellant.

Curtis D. Mortenson, Pierre, SD, for appellee.

Before FAGG, Circuit Judge, ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

FAGG, Circuit Judge.

During Michael White Buffalo's arrest for driving while intoxicated, tribal police saw a gun on the floorboard of White Buffalo's van. The gun was an unloaded .22 single-shot boltaction rifle with a shortened barrel. White Buffalo later pleaded guilty to unlawful possession of that unregistered firearm in violation of 26 U.S.C. § 5861(d). At White Buffalo's sentencing, the district court departed downward from the sentencing guidelines range...

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