Legal Opinion

United States v. Timothy Red Elk

Court of Appeals for the Eighth Circuit

Decided May 28, 2004No. 03-3069PublishedCited by 19 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Timothy Red Elk appeals his sentence and conviction, arguing that the district court 1 improperly applied a cross-reference in the United States Sentencing Guidelines Manual (U.S.S.G.), erred in applying a two-level sentencing enhancement for obstruction of justice, and erred in denying his motion for a new trial. We affirm.

I

Red Elk was indicted and tried for sexual abuse of a minor, a violation of 18 U.S.C. § 2243(a), which carries a maximum sentence of 15 years’ imprisonment. At trial, the government called the two victims, D.F.B. and S.F.C., and two FBI agents who…

2Cases cited13 opinions

  1. Williams v. New YorkSupreme Court of the United States · 1949
  2. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  3. Harris v. United StatesSupreme Court of the United States · 2002
  4. United States v. James Michael WiseCourt of Appeals for the Eighth Circuit · 1992
  5. United States v. Eddie Lee GallowayCourt of Appeals for the Eighth Circuit · 1992

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. United States v. Demarko S. WalkerCourt of Appeals for the Eighth Circuit · 2005
  2. United States v. Efrain Garcia-GononCourt of Appeals for the Eighth Circuit · 2006
  3. United States v. James Lester Killgo IIICourt of Appeals for the Eighth Circuit · 2005
  4. United States v. James R. Nichols, United States of America v. Robert GomezCourt of Appeals for the Eighth Circuit · 2005
  5. United States v. Timothy Red ElkCourt of Appeals for the Eighth Circuit · 2005

14 more not listed; retrieve them via the Exa API.

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