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U.S. v. ANTELOPE

No. 08-2206.

548 F.3d 1155 (2008)

UNITED STATES of America, Appellee, v. Nephi Sky ANTELOPE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 8, 2008.

Attorney(s) appearing for the Case

Carl F. Haberstick, Huron, SD, for appellant.

Eric D. Kelderman, AUSA, Pierre, SD, for appellee.

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

WOLLMAN, Circuit Judge.

Nephi Sky Antelope pleaded guilty to one count of assault with a dangerous weapon with intent to do bodily harm, a violation of 18 U.S.C. §§ 1153 and 113(a)(3). Before his sentencing hearing, Antelope moved to withdraw his guilty plea, contending that the federal prosecution subjects him to double jeopardy because he previously pleaded no contest to a similar charge involving the same incident in tribal court. The district court

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