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United States Eighth Circuit


US v. Flying By, 07-1076

Defendant's convictions and sentence for embezzlement and theft from an Indian tribal organization is affirmed where: 1) where the evidence was sufficient to support the convictions; 2) a trial judge's questions, in the presence of the jury, to witnesses to clarify their testimony were not inappropriate and did not deprive defendant of a fair trial; 3) there was no error as to the loss calculation at sentencing; and 4) the sentence was not unreasonable.

Appellate Information

  • Decided 12/26/2007
  • Published 12/26/2007

Judges

  • MURPHY, Circuit Judge., Before MURPHY, MELLOY, and SMITH, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Randall B. Turner, argued, Aberdeen, SD, for appellant.

  • For Appellees:
  • David L. Zuercher, AUSA, argued, Pierre, SD, for appellee.
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