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U.S. v. BOLZER

No. 03-1845.

367 F.3d 1032 (2004)

UNITED STATES of America, Plaintiff — Appellee, v. Toby BOLZER, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 20, 2004.

Rehearing and Rehearing Denied June 25, 2004.

Attorney(s) appearing for the Case

Monica D. Thomas, argued, Rapid City, SD, for appellant.

Mara M. Kohn, AUSA, argued, Rapid City, SD, for appellee.

Before WOLLMAN, JOHN R. GIBSON, and RILEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 25, 2004.

GIBSON, Circuit Judge.

Toby Bolzer was convicted of second-degree murder and use of a firearm during the commission of a crime of violence in violation of 18 U.S.C. §§ 1111, 1153 and 924(c). He was sentenced to 168 months imprisonment on the murder count, 120 months consecutively on the firearm count, three years supervised release, restitution of $4,326.44 and special assessments of $200. He...

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