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U.S. v. CAVANAUGH

No. 10-1154.

643 F.3d 592 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Roman CAVANAUGH, Jr., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2011.

Attorney(s) appearing for the Case

Richard A. Friedman , argued, Washington, DC, Keith W. Reisenauer , AUSA, and Janice Mae Morley , on the brief, Fargo, ND, for appellant.

Alexander F. Reichert , argued, Grand Forks, ND, for appellee.

Before RILEY, Chief Judge, MELLOY and BYE, Circuit Judges.

MELLOY, Circuit Judge.

Roman Cavanaugh, Jr., was charged for the offense of domestic assault by a habitual offender, 18 U.S.C. § 117. As elements of the offense, the government must prove Cavanaugh received "a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings" for certain abuse offenses. Id. § 117(a). Below, the district court dismissed the indictment because, although Cavanaugh had received...

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