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U.S. v. ROUSE

No. 04-1468, 04-1469, 04-1470, 04-1471.

410 F.3d 1005 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Desmond ROUSE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Garfield Feather, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Russell Hubbeling, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jesse Rouse, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2005.

Attorney(s) appearing for the Case

John M. Wilka, argued, Sioux Falls, South Dakota, for appellant Rouse.

David O. Carter, argued, Sioux Falls, South Dakota, for appellant Feather.

Steven G. Haugaard, argued, Sioux Falls, South Dakota, for appellant Feather.

Steven R. Binger, argued, Sioux Falls, South Dakota, for appellant Rouse.

Dennis Ray Holmes, Assistant U.S. Attorney, argued, Sioux Falls, South Dakota (James E. McMahon, on the brief), for appellee.

Before LOKEN, Chief Judge, MORRIS SHEPPARD ARNOLD and RILEY, Circuit Judges.

LOKEN, Chief Judge.

A jury convicted Desmond and Jesse Rouse and their cousins, Garfield Feather and Russell Hubbeling, of aggravated sexual abuse of five nieces, then ages twenty months to seven years. We affirmed the convictions on direct appeal, United States v. Rouse, 111 F.3d 561 (8th Cir.), cert. denied, 522 U.S. 905, 118 S.Ct. 261, 139 L.Ed.2d 188 (1997), reconsidering 100 F.3d 560

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