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U.S. v. ALLARD

No. 97-4006.

164 F.3d 1146 (1999)

UNITED STATES of America, Plaintiff—Appellee v. Dean Arthur ALLARD, Defendant— Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 8, 1999.

Attorney(s) appearing for the Case

Frank Driscoll, Rapid City, SD, argued for appellant.

Ted L. McBride, Rapid City, SD, argued for appellee.

Before RICHARD S. ARNOLD, JOHN R. GIBSON, and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Dean Arthur Allard pled guilty to one count of vehicular battery in violation of 18 U.S.C. §§ 7, 13 and 1152 (1994). Those sections assimilate state criminal law for offenses by non-Indians on Indian land, and thus include South Dakota's vehicular battery statute. See 18 U.S.C. §§ 7, 13, and 1152; S.D. Codified Laws § 22-16-42 (Lexis 1998). Because the United States Sentencing Guidelines have no expressly...

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