United States v. Keith Van Lufkins, A/K/A Keith Lufkins

FLOYD R. GIBSON, Senior Circuit Judge.

Keith Van Lufkins appeals his conviction of assault by striking, beating, or wounding and the sentence imposed by the district court 1 utilizing the Federal Youth Corrections Act.

Lufkins was convicted of kicking the victim, Raymond Bear, in the head. Both Lufkins and Bear were inmates at a Sioux tribal jail at the time of the incident; Lufkins was serving a ninety-day sentence for theft and Bear was serving a ten-day sentence for driving while intoxicated. The incident occurred on or about April 1,1980. Bear, who had a steel plate in his head, was…