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U.S. v. SHARPFISH

No. 04-1370.

408 F.3d 507 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Derwin K. SHARPFISH, also known as Dervwin K. Sharpfish, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Edward G. Albright, Assistant Federal Public Defender, of Pierre, South Dakota. Also appearing on the brief was Jeffrey L. Viken.

Counsel who presented argument on behalf of the appellee was Randolph J. Seiler, Assistant U.S. Attorney, of Sioux Falls, South Dakota. Also appearing on the brief were James E. McMahon and Kathryn E. Ford.

Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and SMITH, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Derwin K. Sharpfish appeals from the sentence imposed on him following his plea of guilty to a charge of aggravated sexual abuse of a minor. The sentence of 262 months' imprisonment was based in part on a finding that Sharpfish had used force in committing the crime and on a finding that he had engaged in a pattern of prohibited sexual conduct. Sharpfish contends that the evidence does not support the finding that he used force or engaged...

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