U.S. v. PLENTY

No. 02-3971.

335 F.3d 732 (2003)

UNITED STATES of America, Plaintiff/Appellee, v. Donroy Brings PLENTY, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2003.


Attorney(s) appearing for the Case

Robert Van Norman, Monica D. Thomas, Rapid City, SD, for appellant.

Gregg S. Peterman, Rapid City, SD, for appellee.

Before LOKEN, Chief Judge, BRIGHT, Circuit Judge, and SMITH CAMP, District Judge.


SMITH CAMP, District Judge.

On August 28, 2002, a jury found Defendant Donroy Brings Plenty guilty of first degree burglary while in Indian country in violation of S.D. Codified Laws § 22-32-1(3) and 18 U.S.C. § 1153. Brings Plenty entered the victim's home in the evening, after she had fallen asleep, and assaulted her. At sentencing, the district court enhanced the Defendant's offense level on two bases, finding that the victim was unusually vulnerable...

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