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U.S. v. WEISE

Nos. 95-283OMN, 95-3015MN.

89 F.3d 502 (1996)

UNITED STATES of America, Appellee, v. Simon Frank WEISE, Appellant. UNITED STATES of America, Appellant, v. Simon Frank WEISE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1996.

Rehearing and Suggestion for Rehearing Denied August 15, 1996.

Attorney(s) appearing for the Case

Andrew Herbert Mohring, Minneapolis, MN, argued for appellant/cross-appellee.

Kenneth Wayne Saffold, Minneapolis, MN, argued for appellee/cross-appellant.

Before FAGG, JOHN R. GIBSON, and WOLLMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 15, 1996.

FAGG, Circuit Judge.

After a heavy night of drinking on the Red Lake Indian Reservation, Simon Frank Weise fatally stabbed Alan Maxwell in the chest with an eight-inch butcher knife. A jury convicted Weise of second-degree murder, see 18 U.S.C. § 1111(a) (1994), and Weise appeals. The Government cross-appeals the district court's decision to sentence Weise below the applicable...

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