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U.S. v. HAS NO HORSES

No. 00-2861.

261 F.3d 744 (2001)

UNITED STATES of America, Plaintiff — Appellee, v. Timothy HAS NO HORSES, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2001.

Attorney(s) appearing for the Case

Kenneth R, Dewell, argued, Rapid City, SD (Terry L. Pechota, on the brief), for Defendant-Appellant.

Ted L. McBride, argued, U.S. Atty., Rapid City, SD (Gregg S. Peterman, Asst. U.S. Atty., on the brief), for Plaintiff-Appellee.

Before BYE and JOHN R. GIBSON, Circuit Judges, and FRANK, District Judge.

GIBSON, Circuit Judge.

Timothy Has No Horse2 appeals the judgment entered following his plea of guilty to a charge of assault with a dangerous weapon in violation of 18 U.S.C. §§ 113(a)(3), 1153 (1994 & Supp. IV 1998) and the order denying his motion to withdraw his plea. He argues that the district court3 erred by not allowing him to withdraw his plea and that the government breached the plea...

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