U.S. v. SPOTTED ELK

Nos. 07-1914, 07-1923, 07-1925, 07-1931, 07-1937.

548 F.3d 641 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Colin SPOTTED ELK, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Flint Thomas Red Feather, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Rusty Richards, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Marvella Richards, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Geraldine Blue Bird, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 26, 2008.


Attorney(s) appearing for the Case

Brad Lee, argued, Rapid City, SD, for appellant, Colin Spotted Elk.

Daniel L. Pahlke, argued, Rapid City, SD, for appellant, Marvella Richards.

Dennis C. Whetzal, argued, Rapid City, SD, for appellant, Flint Red Feather.

Ted Wilson Hinesley, argued, Edgemont, SD, for appellant, Rusty Richards.

Terry L. Pechota, argued, Rapid City, SD, for appellant, Geraldine Blue Bird.

Mark E. Salter, AUSA, argued, Sioux Falls, SD, for appellee.

Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

This is the appeal of five defendants convicted of multiple drug and gun crimes in connection with their operation of a drug trafficking business on the Pine Ridge Oglala Sioux Reservation in South Dakota.

Geraldine Blue Bird argues that the district court erred in failing to suppress evidence discovered as a result of Fourth Amendment violations; in allowing the government to strike one venire-member and in excusing another...

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