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UNITED STATES v. BERNARD

No. 21-3412, No. 21-3417, No. 21-3874.

42 F.4th 905 (2022)

UNITED STATES of America, Plaintiff-Appellee v. Tiffany BERNARD, Defendant-Appellant. In re: Tiffany Bernard Petitioner. United States of America Plaintiff-Appellant v. Tiffany Bernard Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant Tiffany Bernard and appeared on the brief was Thomas J. Cogley , of Aberdeen, SD.

Counsel who presented argument on behalf of the appellee United States of America, and appeared on the brief was Eric D. Kelderman , AUSA, of Rapid City, SD.

Landon Wade Magnusson , appointed by this court as Amicus Curiae, also presented argument in this matter.

Before GRASZ, STRAS, and KOBES, Circuit Judges.

The district court had strong views about what charges fit Tiffany Bernard's crimes. It rejected both her plea agreement and a motion by the government to dismiss four of the five counts in the indictment. The latter ruling went too far, which is why we reverse and remand with instructions to grant the government's motion....

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