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U.S. v. FLYING BY

No. 07-1076.

511 F.3d 773 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Allen FLYING BY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 26, 2007.

Attorney(s) appearing for the Case

Randall B. Turner, argued, Aberdeen, SD, for appellant.

David L. Zuercher, AUSA, argued, Pierre, SD, for appellee.

Before MURPHY, MELLOY, and SMITH, Circuit Judges.

MURPHY, Circuit Judge.

A jury convicted Allen Flying By of embezzlement and theft from an Indian tribal organization in violation of 18 U.S.C. § 1163. The district court1 sentenced him to thirty three months and ordered restitution in the amount of $8,200. Flying By appeals, contending that there was insufficient evidence for a reasonable jury to convict him, that the trial judge's questioning of witnesses in front of the jury violated...

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