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U.S. v. HERRON

No. 07-2606.

539 F.3d 881 (2008)

UNITED STATES of America, Appellee, v. Paul HERRON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2008.

Attorney(s) appearing for the Case

Gary G. Colbath, AFPD, argued, Rapid City, SD, for appellant.

Kevin Koliner, AUSA, argued, Sioux Falls, SD, Carolyn G. Olson, AUSA, on the brief, Rapid City, SD, for appellee.

Before RILEY, GRUENDER, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

At the close of his jury trial, Paul Herron was convicted of Assault with a Dangerous Weapon. See 18 U.S.C. §§ 7(3), 113(a)(3). The district court1 sentenced Herron to 48 months imprisonment. Herron appeals his conviction and sentence. We affirm.

I.

In August of 2006, Herron was a veteran participating in an alcohol detoxification program at the Veteran's Affairs ("VA") hospital...

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