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U.S. v. WEISE

No. 97-1099MN.

128 F.3d 672 (1997)

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

United States Court of Appeals, Eighth Circuit.

Decided October 30, 1997.

Rehearing and Suggestion for Rehearing Denied December 5, 1997.

Attorney(s) appearing for the Case

Kenneth W. Saffold, Asst. U.S. Atty., Minneapolis, MN, argued, for appellant.

Andrew H. Mohring, Asst. Federal Public Defender, Minneapolis, MN, argued (Virginia G. Villa, Appellate Attorney, Federal Defenders Office, Minneapolis, MN, on the brief), for appellee.

Before FAGG, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 5, 1997.

FAGG, Circuit Judge.

A jury convicted Simon Frank Weise of second-degree murder within Indian country in violation of 18 U.S.C. §§ 1111 and 1153 (1994). At Weise's initial sentencing, the district court departed downward from the applicable Guidelines range of 168 to 210 months and sentenced Weise to 121 months' imprisonment. See U.S. Sentencing Guidelines Manual (U.S...

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