033069P.pdf   10/14/2005  United States  v.  Timothy Red Elk
   U.S. Court of Appeals Case No:  03-3069
   District of South Dakota   
   [PUBLISHED] [Wollman, Author, with Arnold and Colloton, Circuit Judges] 
   Criminal case - Sentencing Guidelines. While the district court erred in 
   sentencing defendant under a mandatory guidelines scheme, the error was 
   harmless as there was no nothing in the record showing that defendant's 
   sentence would have been different under an advisory guidelines scheme. 
  
033069P.pdf   05/28/2004  United States  v.  Timothy Red Elk
   U.S. Court of Appeals Case No:  03-3069
   District of South Dakota   
   Criminal case - Sentencing Guidelines. District court did not err in 
   applying the cross-reference in Section 2A3.2(c)(1) of the guidelines; no 
   error in imposing enhancement for obstruction of justice based on 
   defendant's false testimony at trial; district court did not err in denying 
   motion for new trial based on defendant's argument that the weight of the 
   evidence established his affirmative defense that he believed the victims 
   were 16, as it was not unreasonable for the jury to reject his defense in 
   light of his own statements that he thought the victims were 13 to 15 
   years old. 
   [PUBLISHED] [Wollman, Author, with M. Arnold and Colloton, Circuit Judges]