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U.S. v. ONE STAR

No. 93-1185.

9 F.3d 60 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Alex ONE STAR, Sr., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 15, 1993.

Attorney(s) appearing for the Case

Mikal G. Hanson, Pierre, SD, argued, for plaintiff-appellant.

Brent A. Wilbur, Pierre, SD, argued, for defendant-appellee.

Before JOHN R. GIBSON, MAGILL, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

The government appeals the district court's1 decision to depart downward in sentencing Alex One Star after he pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). We affirm.

One Star is a fifty-two year old Native American and lifetime resident of the Rosebud Indian Reservation. He was convicted of assault with a dangerous weapon in 1975 and released from probation...

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