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U.S. v. GOMEZ

No. 98-1889.

165 F.3d 650 (1999)

UNITED STATES of America, Appellee, v. Juan GOMEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Al J. Arendt, Pierre, South Dakota, argued, for Appellant.

Mara M. Kohn, Assistant U.S. Attorney, Pierre, South Dakota, argued (Karen E. Schreier, on the brief), for Appellee.

Before McMILLIAN and HANSEN, Circuit Judges, and KYLE, District Judge.

KYLE, District Judge.

Juan Gomez ("Gomez") was convicted by a jury of first-degree burglary, in violation of 18 U.S.C. § 1152 and S.D. Codified Laws § 22-32-1. He appeals both his conviction and the 46-month sentence imposed by the district court.2 For the reasons set forth below, we affirm.

I

During the evening and early morning hours of August 9-10, 1997, Carol Thompson Muniz ("Muniz"), Kerrie Flute ("Flute...

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