Legal Opinion

United States v. Flying By

Court of Appeals for the Eighth Circuit

Decided December 26, 2007No. 07-1076PublishedCited by 21 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

A jury convicted Allen Flying By of embezzlement and theft from an Indian tribal organization in violation of 18 U.S.C. § 1163. The district court 1 sentenced him to thirty three months and ordered restitution in the amount of $8,200. Flying By appeals, contending that there was insufficient evidence for a reasonable jury to convict him, that the trial judge’s questioning of witnesses in front of the jury violated his right to a fair trial, and that the amount of loss attributed to him at sentencing was too high. We affirm.

Flying By is a member of the Standing Rock Sioux…

2Cases cited27 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. YoungSupreme Court of the United States · 1985
  4. Weeks v. AngeloneSupreme Court of the United States · 2000
  5. United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005

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

3Cited by21 opinions

  1. United States v. WhitingCourt of Appeals for the Eighth Circuit · 2008
  2. United States v. KowalCourt of Appeals for the Eighth Circuit · 2008
  3. United States v. WallenfangCourt of Appeals for the Eighth Circuit · 2009
  4. United States v. Almeida-PerezCourt of Appeals for the Eighth Circuit · 2008
  5. United States v. GustafsonCourt of Appeals for the Eighth Circuit · 2008

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

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