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U.S. v. PLENTY CHIEF

No. 08-1121.

561 F.3d 846 (2009)

UNITED STATES of America, Appellee, v. Robert PLENTY CHIEF, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2009.

Attorney(s) appearing for the Case

David James Fransen, argued, Aberdeen, SD, for Appellant.

Thomas J. Wright, AUSA, argued, Sioux Falls, SD, for Appellee.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

A jury convicted Robert Plenty Chief of aggravated sexual abuse against his step daughter, in violation of 18 U.S.C. §§ 1153, 2241(c), and 2246(2) ("Count 1"); sexual abuse of a minor, in violation of 18 U.S.C. §§ 1153, 2243(a), and 2246(2) ("Count 2"); and abusive sexual contact, in violation of 18 U.S.C. §§ 1153, 2244(a)(3), and 2246(3) ("Count 3"). Count 1 referenced an incident that occurred in 2004, when the...

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