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U.S. v. EAGLE

No. CR 08-30053-01.

590 F.Supp.2d 1179 (2008)

2008 DSD 27

UNITED STATES of America, Plaintiff, v. Terrilee Yells EAGLE, a/k/a Terri Yells Eagle, Defendant.

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

December 9, 2008.

Attorney(s) appearing for the Case

Jay P. Miller, Timothy M. Maher, Assistant United States Attorneys, Pierre, SD, for Plaintiff.

Brad A. Schreiber, Schreiber Law Firm, Pierre, SD, for Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

CHARLES B. KORNMANN, District Judge.

Defendant filed a motion, Doc. 53, to dismiss the indictment, contending that the conduct alleged in the indictment did not take place within 1,000 feet of a "playground." Magistrate Mark A. Moreno issued his report and recommendation, Doc. 62, recommending that the motion to dismiss be denied. Neither party filed objections. The Court has conducted a review of the record.

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