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U.S. v. ATKINSON

No. CR 95-30013.

916 F.Supp. 959 (1996)

UNITED STATES of America, Plaintiff, v. Philip Henry ATKINSON, a/k/a Phillip Henry Creek, a/k/a Philip Henry Stands, Waylon Eric Duran, and Miguel J. Duran, Defendants.

United States District Court, D. South Dakota, Central Division.

February 5, 1996.

Attorney(s) appearing for the Case

Mikal G. Hanson, Asst. U.S. Atty., Pierre, SD, for plaintiff.

Bernard E. Duffy, Ft. Pierre, SD, for Philip Atkinson.

Anita Lynne Fuoss, Murdo, SD, for Waylon Eric Duran.

Robert T. Hiatt, Pierre, SD, for Miguel J. Duran.

KORNMANN, District Judge.

Defendants were charged with kidnapping, assault with a deadly weapon, and assault resulting in serious bodily injury. At the conclusion of the government's case, defendant Miguel J. Duran's ("Miguel") motion for judgment of acquittal was granted with respect to the charge of kidnapping. All other motions for judgment of acquittal were denied or a ruling was reserved. The jury convicted defendant Philip Stands ("Philip") of kidnapping, assault...

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