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UNITED STATES v. THUNDER

Nos. 05-3446, 05-3447.

445 F.3d 1062 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Marcia BRAVE THUNDER, also known as Marcia Bailey, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Rinissa Fitzpatrick, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 24, 2006.

Attorney(s) appearing for the Case

Kent M. Morrow, Bismarck, ND, for appellant.

Steven Balaban, Bismarck, ND, for Fitzpatrick.

Rick L. Volk, Asst. U.S. Attorney, Bismarck, ND, for appellee

Before MURPHY, MELLOY, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

A jury convicted Marcia Brave Thunder, a/k/a Marcia Bailey, and Rinissa Fitzpatrick of theft from an Indian tribal organization, conspiracy to commit an offense against the United States, and making false statements to the Federal Bureau of Investigation (FBI). The district court1 sentenced Brave Thunder to 15 months and Fitzpatrick to 21 months and ordered restitution from both. Brave Thunder and Fitzpatrick appeal...

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