Legal Opinion

United States v. Two Elk

Court of Appeals for the Eighth Circuit

Decided August 5, 2008No. 07-3491PublishedCited by 48 opinions

1Opinion of the Court

EBEL, Circuit Judge.

A jury convicted Defendant-Appellant Pascal L. Two Elk of two counts of aggravated sexual abuse of A.R., a child under the age of twelve, in violation of 18 U.S.C. §§ 1153, 2241(c) and 2246(2)(A). On appeal, Two Elk alleges a series of errors by the district court 2 that, in his estimate, deprived him of a fair trial. Alternatively, he challenges one aspect of the sentencing court’s U.S. Sentencing Guidelines (“U.S.S.G.”) calculations.

Two Elk first argues that his two-count Indictment was multiplicitous because both counts charged him with the same exact conduct. He…

2Cases cited51 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Donnelly v. DeChristoforoSupreme Court of the United States · 1974
  3. Koon v. United StatesSupreme Court of the United States · 1996
  4. United States v. Universal C. I. T. Credit Corp.Supreme Court of the United States · 1952
  5. Viereck v. United StatesSupreme Court of the United States · 1943

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

3Cited by48 opinions

  1. United States v. RodriguezCourt of Appeals for the Eighth Circuit · 2009
  2. United States v. EspinosaCourt of Appeals for the Eighth Circuit · 2009
  3. Cedar Hill Hardware & Construction Supply, Inc. v. Insurance Corp. of HannoverCourt of Appeals for the Eighth Circuit · 2009
  4. United States v. SmithCourt of Appeals for the Eighth Circuit · 2010
  5. United States v. RobertsonCourt of Appeals for the Eighth Circuit · 2010

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

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