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U.S. v. BLACK LANCE

No. 05-3117.

454 F.3d 922 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Louis BLACK LANCE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 30, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thomas J. Wright, Assistant U.S. Attorney, of Sioux Falls, South Dakota. Also appearing on the brief were Michelle G. Tapken and Kathryn E. Ford.

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

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

LOKEN, Chief Judge.

After a night of drinking, Louis Black Lance and his girlfriend, Joyce Little Elk, began arguing after Little Elk refused to continue driving Black Lance home. Little Elk was hospitalized later that morning with serious stomach injuries. She told family members, and later the authorities, that Black Lance dragged her from the car, threw her on the ground, and kicked her in the stomach. Black Lance was indicted for assault with a dangerous weapon...

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