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U.S. v. WISECARVER

No. 10-2849.

644 F.3d 764 (2011)

UNITED STATES of America, Appellee, v. Marc Sean WISECARVER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 30, 2011.

Attorney(s) appearing for the Case

Gary G. Colbath, Jr. , AFPD, argued, Mark Falk , on the brief, Rapid City, SD, for appellant.

Mark E. Salter , AUSA, argued, Sioux Falls, SD, Carolyn G. Olson , AUSA, on the brief, Rapid City, SD, for appellee.

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Marc Wisecarver fired a rifle shot through the front grill of a government-owned pickup truck in the custody of a Bureau of Indian Affairs ("BIA") land assessor. After we vacated his initial conviction for depredation of government property, a second jury found him guilty of the same charge, and the district court sentenced him to 36 months' imprisonment. We affirm the conviction and term of imprisonment, but we vacate three special conditions...

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