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U.S. v. GILKERSON

No. CR 07-30025.

527 F.Supp.2d 932 (2007)

2007 D.S.D. 28

UNITED STATES of America, Plaintiff, v. Caleb GILKERSON, Defendant.

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

December 17, 2007.

Attorney(s) appearing for the Case

Mikal G. Hanson, Asst. U.S. Attorney, Pierre, SD, for Plaintiff.

Wade Allen Reimers, Olinger, Lovald, Robbenolt, McCahren & Reimers, P.C., Pierre, SD, for Defendant.

ORDER AND OPINION

KORNMANN, District Judge.

[¶ 1] The defendant has perfected an appeal from his conviction and his sentence by a United States Magistrate Judge. The District Court has jurisdiction pursuant to Fed.R.Crim.P. 58(g)(2)(B). Pursuant to Rule 58(g)(2)(D)of such rule, the defendant is not entitled to a trial de novo; the scope of the appeal is the same as in an appeal to the court of appeals from a district court. The standard of review...

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