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Legal Opinion

United States v. Walking Eagle

Court of Appeals for the Eighth Circuit

Decided January 26, 2009No. 08-2450PublishedCited by 52 opinions

1Opinion of the Court

RILEY, Circuit Judge.

The district court 1 sentenced John C. Walking Eagle (Walking Eagle) to 96 months imprisonment and 3 years supervised release after Walking Eagle pled guilty to one count of assault with a dangerous weapon. Walking Eagle appeals his sentence, arguing the district court (1) committed procedural error by departing upward based on under-representation of Walking Eagle’s criminal history without giving an adequate explanation for the departure; and (2) imposed a substantively unreasonable sentence. We affirm.

I. BACKGROUND

On the evening of April 26, 2007, Walking Eagle went to…

2Cases cited17 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. PerkinsCourt of Appeals for the Eighth Circuit · 2008
  4. United States v. GrayCourt of Appeals for the Eighth Circuit · 2008
  5. United States v. Alonzo DayCourt of Appeals for the Eighth Circuit · 1993

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3Cited by52 opinions

  1. United States v. FeemsterCourt of Appeals for the Eighth Circuit · 2009
  2. United States v. LazarskiCourt of Appeals for the Eighth Circuit · 2009
  3. Heartland Academy Community Church v. WaddleCourt of Appeals for the Eighth Circuit · 2010
  4. United States v. Villareal-AmarillasCourt of Appeals for the Eighth Circuit · 2009
  5. United States v. RubashkinCourt of Appeals for the Eighth Circuit · 2011

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

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