Nos. 05-2367, 05-2368.

436 F.3d 929 (2006)

UNITED STATES of America, Appellee, v. JOHN H. SITTING BEAR, Appellant. United States of America, Appellee, v. Melinda L. Marshall, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2006.

Attorney(s) appearing for the Case

Jana M. Miner, argued, Firest Assistant Federal Public Defender, of Pierre, South Dakota (Jeffrey L. Viken, on the brief), for appellant Sitting Bear.

Robert B. Anderson, argued, Pierre, South Dakota, for appellant Melinda Marshall.

Mark E. Salter, argued, Assistant United States Attorney, Sioux Falls, South Dakota (Michelle G. Tapken, on the brief), for appellee.

Before MURPHY, HANSEN, and SMITH, Circuit Judges.

HANSEN, Circuit Judge.

John H. Sitting Bear pleaded guilty to committing second degree murder in Indian country, 18 U.S.C. §§ 1153 and 1111, and Melinda L. Marshall pleaded guilty to aiding and abetting second degree murder in Indian country, 18 U.S.C. §§ 1153, 1111, and 2, following the tragic death of their four-year-old son, John, Jr. The district court1 sentenced each of them to 228 months (19 years) of imprisonment...

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