United States v. Flying By
Court of Appeals for the Eighth Circuit
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…
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