U.S. v. RED ELK

No. 03-3069.

426 F.3d 948 (2005)

UNITED STATES of America, Appellee, v. Timothy RED ELK, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 14, 2005.


Attorney(s) appearing for the Case

Neil Fulton, Pierre, SD, for appellant.

Jay Miller, Asst. U.S. Attorney, Pierre, SD, for appellee.

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


WOLLMAN, Circuit Judge.

Timothy Red Elk was convicted of two counts of sexual abuse of a minor, in violation of 18 U.S.C. § 2243(a), and was sentenced to two concurrent terms of 168 months' imprisonment pursuant to the mandatory federal sentencing guidelines regime controlling at the time. On appeal, we affirmed his sentence against Fifth Amendment, Sixth Amendment, and due process attacks, rejected his factual challenge to the obstruction of justice enhancement...

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