U.S. v. WISECARVER

No. 09-1954.

598 F.3d 982 (2010)

UNITED STATES of America, Appellee, v. Marc Sean WISECARVER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 22, 2010.


Attorney(s) appearing for the Case

Gary G. Colbath, Jr., AFPD, argued, Rapid City, SD, for appellant.

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

Before WOLLMAN, HANSEN, and MELLOY, Circuit Judges.


HANSEN, Circuit Judge.

Following a jury trial, Marc Sean Wisecarver was convicted of one count of depredation of government property, in violation of 18 U.S.C. § 1361. The district court sentenced him to 36 months' imprisonment. Wisecarver appeals, arguing that the evidence was insufficient to convict him, the district court erred in instructing the jury, and the sentence was improper. Because the supplemental jury instruction was erroneous, we reverse the judgment...

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