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U.S. v. HAWK WING

No. 05-2263.

433 F.3d 622 (2006)

UNITED STATES of America, Appellee, v. Marlin HAWK WING, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 6, 2006.

Attorney(s) appearing for the Case

Gary George Colbath, Assistant Federal Public Defender, Rapid City, South Dakota (Jeffrey L. Viken and Monica Thomas, on the brief), for appellant.

Mark Edward Salter, Assistant U.S. Attorney, Sioux Falls, South Dakota(Michelle G. Tapken and Mark A. Vargo, on the brief), for appellee.

Before LOKEN, Chief Judge, BYE and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Marlin Hawk Wing pleaded guilty to larceny in violation of 18 U.S.C. §§ 661 and 1153. The district court1 sentenced Hawk Wing to 18 months in prison, 2 years of supervised release, $1,747.36 in restitution, and a $100 assessment to the Victims' Assistance Fund. For the reasons discussed below, we affirm.

I. Background

Hawk Wing pleaded guilty to stealing construction equipment from...

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