Legal Opinion
United States v. David Osborne
Court of Appeals for the Eighth Circuit
Decided January 8, 1999No. 97-4268PublishedCited by 27 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
David Osborne pled guilty to one count of vehicular battery in violation of 18 U.S.C. §§ 7, 13, and 1152, which, in conjunction, assimilate state criminal law for offenses by non-Indians on Indian lands. See 18 U.S.C. §§ 7,13, and 1152 (1994). Because the United States Sentencing Guidelines have no expressly promulgated guideline for vehicular battery, the district court 1 sentenced Osborne under the aggravated assault guideline. Osborne appeals his sentence, arguing that the court should have instead sentenced him under the guideline for involuntary…
2Cases cited19 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. Abel A. Mariano, Jr., United States of America v. Barry ButterworthCourt of Appeals for the First Circuit · 1993
- United States v. James Felix Knife, United States of America v. Leroy Lavern IyotteCourt of Appeals for the Eighth Circuit · 1979
- United States v. Russell Prevatte and Robert A. SoyCourt of Appeals for the Seventh Circuit · 1994
- State v. Big HeadSouth Dakota Supreme Court · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. NicholsCourt of Appeals for the Tenth Circuit · 1999
- United States v. CalbatCourt of Appeals for the Fifth Circuit · 2001
- United States v. Mark William CothranCourt of Appeals for the Third Circuit · 2002
- United States v. McENRYCourt of Appeals for the Ninth Circuit · 2011
- United States v. RakesCourt of Appeals for the Tenth Circuit · 2007
22 more not listed; retrieve them via the Exa API.