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U.S. v. ENGELHORN

No. 97-1261.

122 F.3d 508 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Dwaine Julius ENGELHORN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1997.

Attorney(s) appearing for the Case

Steven K. Rabuck, Sioux Falls, SD, argued, for Defendant-Appellant.

Dennis R. Holmes, Asst. U.S. Atty., Sioux Falls, SD, for Plaintiff-Appellee.

Before MURPHY and HEANEY, Circuit Judges, and BOGUE, District Judge.

BOGUE, Senior District Judge.

On October 26, 1996, Dwaine Julius Engelhorn pled guilty to attempted indecent exposure on an Indian reservation. Engelhorn was charged under the Assimilative Crimes Act because his crime occurred within Indian Country and his victim was an Indian. 18 U.S.C. §§ 13 and 1152. Because Engelhorn had three prior sexual contact convictions, the crime he attempted to commit would have been...

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