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U.S. v. LOUD HAWK

No. 00-2909.

245 F.3d 667 (2001)

UNITED STATES of America, Appellee, v. Basil LOUD HAWK, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 3, 2001.

Attorney(s) appearing for the Case

Paul S. Swedlund, argued, Rapid City, IA, for appellant.

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

Before WOLLMAN, Chief Judge, HANSEN, and BYE, Circuit Judges.

BYE, Circuit Judge.

Basil Loud Hawk pleaded guilty to two counts of second-degree murder in Indian country, and a single count of using a firearm while committing a violent crime. At sentencing, the district court1 departed upward from the prescribed Sentencing Guidelines range. The court also imposed a consecutive sentence on the firearm count. Loud Hawk challenges both these decisions on appeal. We affirm.

I

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