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U.S. v. OSBORNE

No. 97-4268.

164 F.3d 434 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. David OSBORNE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 8, 1999.

Attorney(s) appearing for the Case

John Henry Mairose, Rapid City, SD, argued, for Appellant.

Ted L. McBride, Asst. U.S. Atty., Rapid City, SD, argued, for Appellee.

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

JOHN R. GIBSON, Circuit Judge.

David Osborne pled guilty to one count of vehicular battery in violation of 18 U.S.C. §§ 7, 13, and 1152, which, in conjunction, assimilate state criminal law for offenses by non-Indians on Indian lands. See 18 U.S.C. §§ 7, 13, and 1152 (1994). Because the United States Sentencing Guidelines have no expressly promulgated guideline for vehicular battery, the district court1 sentenced...

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