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U.S. v. HUGS

No. 02-30390.

384 F.3d 762 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Harvey HUGS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2004.

Attorney(s) appearing for the Case

Robin B. Hammond, Federal Defenders of Montana, Billings, MT, for the defendant-appellant.

Klaus P. Richter, Office of the United States Attorney, Billings, MT, for the plaintiff-appellee.

Before BROWNING, ALARCÓN, and CLIFTON, Circuit Judges.

ALARCÓN, Senior Circuit Judge:

Harvey Hugs appeals from the judgment entered following his conviction by a jury of involuntary manslaughter in violation of 18 U.S.C. §§ 1153 and 1112. Mr. Hugs was charged with and found guilty of involuntarily killing Theron Old Elk on April 10, 2001. Mr. Hugs contends that the court's instructions to the jury altered the charges brought against him by the grand jury and thus violated his Fifth Amendment rights. He...

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