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U.S. v. WEASEL BEAR

No. 03-1485.

356 F.3d 839 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Lester Michael WEASEL BEAR, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2004.

Rehearing and Rehearing Denied March 10, 2004.

As Corrected March 10, 2004.

Attorney(s) appearing for the Case

Jana M. Miner, argued, Pierre, SD, for appellant.

Mark A. Vargo, argued, Rapid City, SD, for appellee.

Before MURPHY, LAY, and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 10, 2004.

MURPHY, Circuit Judge.

Defendant Lester Michael Weasel Bear, Jr. pled guilty to robbery and second degree murder in Indian Country, in violation of 18 U.S.C. §§ 1153, 1111(a), and 2111, but reserved his right to appeal any sentence in excess of 30 years. The United States Sentencing Guidelines applied at sentencing, and they provide that where a murder as defined in 18 U.S.C. § 1111 takes...

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