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U.S. v. BIRDHORSE

No. 12-2057.

701 F.3d 548 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Justin BIRDHORSE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 12, 2012.

Attorney(s) appearing for the Case

Vickie S. Broz , argued, Mobridge, SD, for appellant.

John E. Haak , AUSA, argued, Mark E. Salter , on the brief, Sioux Falls, SD, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

Justin Birdhorse pled guilty to raping S.T. in violation of 18 U.S.C. § 2242(2). His plea agreement stated that the government would recommend a reduction in his offense level if he accepted responsibility for his crime during his presentence interview. The agreement also contained a provision waiving his right to appeal any non jurisdictional issue so long as his sentence was within the guideline range. Birdhorse made statements to the...

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