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U.S. v. GRAP

No. 03-3047.

368 F.3d 824 (2004)

UNITED STATES of America, Appellee, v. James GRAP, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 7, 2004.

Attorney(s) appearing for the Case

Gary G. Colbath, Jr., argued, Rapid City, SD, for appellant.

John E. Haak, Asst. U.S. Atty., argued, Sioux Falls, SD (Mark A. Vargo, Asst. U.S. Atty., Sioux Falls, SD, on the brief), for appellee.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and COLLOTON, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

James Grap was convicted of violating 18 U.S.C. § 1512(b)(1) by tampering with a witness during the pendency of an earlier case. Mr. Grap had attempted to influence the testimony of his victim before he pleaded guilty to aggravated sexual abuse pursuant to a plea agreement. Before he pleaded guilty to the witness tampering charge, Mr. Grap filed a motion to dismiss the indictment, contending that the government's prosecution...

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