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U.S. v. HARLAN

No. 03-3817.

368 F.3d 870 (2004)

UNITED STATES of America, Appellee, v. Terry L. HARLAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 14, 2004.

Attorney(s) appearing for the Case

Michael J. Decker, argued, Omaha, NE, for appellant.

Michael P. Norris, argued, Asst. U.S. Attorney, Omaha, NE, for appellant.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

BYE, Circuit Judge.

A jury convicted Terry L. Harlan of assault with a dangerous weapon and assault resulting in serious bodily injury, in violation of 18 U.S.C. § 1153 and § 113(a), respectively, for beating his girlfriend Delilah Freemont with a board in their home on the Omaha Indian Reservation. Concluding the Sentencing Guidelines understated Mr. Harlan's criminal history and inadequately considered the severity of Ms. Freemont's physical and psychological...

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