Legal Opinion

United States v. Timothy Red Elk

Court of Appeals for the Eighth Circuit

Decided October 14, 2005No. 03-3069PublishedCited by 15 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Timothy Red Elk was convicted of two counts of sexual abuse of a minor, in violation of 18 U.S.C. § 2243(a), and was sentenced to two concurrent terms of 168 months’ imprisonment pursuant to the mandatory federal sentencing guidelines regime controlling at the time. On appeal, we affirmed his sentence against Fifth Amendment, Sixth Amendment, and due process attacks, rejected his factual challenge to the obstruction of justice enhancement applied by the district court, and upheld the district court’s denial of his motion for a new trial. United States v. Red Elk, 368…

2Cases cited13 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
  4. UNITED STATES OF AMERICA, — v. CHRISTINA M. HAIDLEY, —Court of Appeals for the Eighth Circuit · 2005
  5. United States v. David H. ArchuletaCourt of Appeals for the Eighth Circuit · 2005

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3Cited by15 opinions

  1. United States v. BridgesCourt of Appeals for the Eighth Circuit · 2009
  2. United States v. Eddie Louis DentonCourt of Appeals for the Eighth Circuit · 2006
  3. United States v. Efrain Garcia-GononCourt of Appeals for the Eighth Circuit · 2006
  4. United States v. Unis BahCourt of Appeals for the Eighth Circuit · 2006
  5. United States v. Cruz-ZunigaCourt of Appeals for the Eighth Circuit · 2009

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