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U.S. v. SUN BEAR

No. 02-1196.

307 F.3d 747 (2002)

UNITED STATES of America, Appellee, v. Marlon Dale SUN BEAR, a/k/a Dale Sun Bear, a/k/a Ben James, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 17, 2002.

Rehearing and Rehearing Denied: December 4, 2002.

Attorney(s) appearing for the Case

William A. Delaney, argued, Sioux Falls, SD (Robert Van Norman and Janna Miner, on the brief), for appellant.

Jeannine Huber, argued, Sioux Falls, SD (Randolph J. Seiler, on the brief), for appellee.

Before WOLLMAN, RILEY, and MELLOY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: December 4, 2002.*

RILEY, Circuit Judge.

Marlon Dale Sun Bear (Sun Bear) was charged with committing and aiding and abetting second degree murder, a violation of 18 U.S.C. §§ 1111, 1153 & 2. After Sun Bear pled guilty, the district court1 determined he qualified as a career offender and sentenced him to 360 months in prison. On appeal, Sun Bear argues...

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