U.S. v. BLACK BEAR

No. 04-3891.

422 F.3d 658 (2005)

UNITED STATES of America, Appellant, v. Jerome BLACK BEAR, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 1, 2005.


Attorney(s) appearing for the Case

Mark E. Salter, argued, Sioux Falls, South Dakota (Randolph J. Seiler, Pierre, South Dakota, on the brief), for appellant Asst. U.S. Attorney.

Timothy J. Langley, argued, Sioux Falls, South Dakota (Jana Miner, Pierre, South Dakota, on the brief), for appellee Asst. Federal Public Defender.

Before RILEY, BOWMAN, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

Jerome Albert Black Bear was indicted for assault causing serious bodily injury to his infant son, in violation of 18 U.S.C. §§ 1153 and 113(a)(6). Before the indictment, FBI agents questioned him four times.

On November 21, 2003, agent Miller spoke with Black Bear in a pediatric-intensive-care breakroom at the hospital, after treating doctors said that his son's fractured ribs "are consistent with intentional injury and are...

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