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U.S. v. TURNING BEAR

No. 03-2280.

357 F.3d 730 (2004)

UNITED STATES of America, Appellee, v. Nicholas TURNING BEAR, III, also known as Nicholas Turning Bear, Jr., III, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Timothy J. Langley, Sioux Falls, SD.

Counsel who presented argument on behalf of the appellee was Randolph J. Seiler, Pierre, SD.

Before MORRIS SHEPPARD ARNOLD, HEANEY, and FAGG, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Nicholas Turning Bear, III, was convicted by a jury of five counts of aggravated sexual abuse of his son and daughter, in violation of 18 U.S.C. §§ 1153, 2241(c), and 2246(2). Mr. Turning Bear's son, N.T.B., was between the ages of four and six during the period over which the offenses were alleged to have occurred, and his daughter, M.T.B., was between the ages of one and three during this time. The government's case...

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