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SILK v. U.S.

No. 18-1908.

955 F.3d 681 (2020)

Samuel Bryce SILK, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2020.

Attorney(s) appearing for the Case

Christopher P. Bellmore , Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Bismarck, ND, for Petitioner-Appellant.

Samuel Bryce Silk, Jr., Pro Se.

Gary Lee Delorme , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of North Dakota, Bismarck, ND, Megan A. Healy , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of North Dakota, Fargo, ND, for Respondent-Appellee.

Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges.

Samuel Silk, Jr., appeals the district court's judgment denying his motion to vacate his sentence imposed under 18 U.S.C. § 117 for the crime of domestic assault by a habitual offender in Indian country. We conclude that Silk's challenge is procedurally defaulted, and we therefore affirm the judgment of the district...

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