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U.S. v. BIG CROW

Nos. 94-3700, 94-3774.

74 F.3d 163 (1996)

UNITED STATES of America, Appellee, v. Jeffrey Lynn BIG CROW, Appellant. UNITED STATES of America, Appellee, v. Duane Leroy APPLE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1996.

Attorney(s) appearing for the Case

Ronald W. Banks, Rapid City, South Dakota, argued, for Jeffrey Lynn Big Crow.

Talbot J. Wieczorek, Rapid City, South Dakota, argued, for Duane Apple.

Diana J. Ryan, Rapid City, South Dakota, argued (Karen E. Schreier as United States Attorney, on the brief) for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FAGG and WOLLMAN, Circuit Judges.

WOLLMAN, Circuit Judge.

Jeffrey Lynn Big Crow and Duane Leroy Apple appeal from their convictions of assault resulting in serious bodily injury, a violation of 18 U.S.C. §§ 2, 1153, and 113(f). Big Crow also appeals from his sentence. We affirm the convictions and the sentence.

The events that gave rise to this prosecution occurred in the early morning hours of Sunday, June 6, 1993, at Big Bat's Conoco, a gas station/convenience store located in...

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